The variety of potential business agreements is huge.  Nevertheless, certain business scenarios appear with such frequency that tools and rules of thumb have emerged for smoothing the way and avoiding many potential pitfalls.  We have substantial experience dealing with these, and many other scenarios.

Perhaps the most common scenario is the need to disclose a trade secret, know-how, or other confidential information to someone outside the control of the secret-holder's entity.  In this situation, a Confidentiality or Non-Disclosure Agreement (NDA) is frequently utilized.  Key to many such agreements can be a clear identification of what must be kept secret, and what uses are allowable for the secret information.

Closely related to the NDA is the Employment Agreement.  These agreements typically include confidentiality provisions, as well as requirements for assignment of intellectual property rights, assistance with obtaining and protecting intellectual property rights, and possibly, a non-compete clause.

Assignment clauses can require that employees, contractors, and/or business partners assign their intellectual property rights to a company.  Yet difficulties can emerge when, for example, the resulting assignment documents are drafted incorrectly, sought at the wrong time, or recorded improperly.

Once an entity obtains intellectual property rights, it can license others to exploit those rights via a Licensing Agreement.  Such agreements can vary substantially depending on, for example, business needs, the type of intellectual property, the specific rights licensed, and/or the industry.

Disputes can arise, for example, in the process of seeking to license intellectual property rights, or after such a license is in place.  Yet careful implementation of professional Dispute Resolution techniques can avoid litigation while preserving the business relationship and maximizing the value of the intellectual property rights.