As one of the world's leading technology focused law firms, we can help you protect your valuable business information and assist you in safeguarding against internal and external threats at both the local and international level.
Keep it secret, keep it safe
Processes, pricing, commercial & technical know-how...
...there's a lot of information that makes up your business. Some of it is required by law, some of it is industry standard. However, some of it can be crucial to giving you a competitive edge and misuse of such information can cause significant damage to the success of your organisation.
We call these your Trade Secrets and we think they're worth protecting.
An Increased threat
The need to be able to identify, locate and monitor business critical information has never been greater. Especially in today's digital world, where data increases on a daily basis and can be disseminated to hundreds of thousands of people all over the world instantaneously.
As one of only a handful of firms to offer a specialist Trade Secrets service, our team is a rare breed. Unlike many of our competitors, we take a highly integrated approach to trade secrets issues, combining skills and expertise from a range of our leading practice specialisms, to provide you with a tailor-made, cohesive team, built to face the challenges presented by each assignment.
Our multi-faceted team approach means we are able to work with you to identify your Trade Secrets and what the threats to them might be. Many of our experts have scientific or engineering qualifications which give them an unrivalled ability to understand the innovations you need to protect. Where the scope of your project extends beyond legal expertise, our consultancy arm Baseline provides complementary support on the process improvement, organisational design and IT components that an effective trade secrets management framework requires.
Keep it secret, keep it safe & 01
Facing the Threat
The threat from within
Whilst threats to the security of your Trade Secrets exist from external sources (cybersecurity, hacking, theft etc.), most frequently, the highest risk comes from within your organisation, typically involving current or former employees, contractors, or business partners who have had authorised access.
Building a culture of protection
It is often assumed that threats to Trade Secrets, whether internal or external, take shape for nefarious reasons and personal gain. Whilst that may indeed be the case, threats to their security can present themselves merely through negligence and unintentional action or inaction (lack of training, poor systems, lack of knowledge etc). That's why we believe that in addition to ensuring you have adequate technological systems and IT protection in place, a people-based approach and building a culture of protection should be at the heart of your strategy.
Employees, contractors and
consultants Potential leaks of sensitive
information during employment/engagement. Risks of competition and
unlawful use of confidential information
after termination of employment/engagement.
Clients, providers and business partners Access to confidential
information and knowhow.
Use and sharing by clients and third parties of
knowledge acquired in the context of the commercial
Websites and Social media, promotional
and marketing materials
Potential disclosure of confidential information and know-how to a wider
public. Reputational damage.
Intellectual Capital Potential vulnerabilities in
the protection of your organisation's intellectual
property. Underutilisation and exploitation of your organisation's Trade
02 & Facing the Threat
We're with you all the way
We're serious about future-proofing your business and protecting your data assets.
We encounter and advise on the many aspects of trade secrets protection and enforcement on a daily basis, from how to deal with the threats posed by insiders to handling the reputation management fall-out associated with a cyber breach.
Review & Assess
We will work with you to identify your valuable information that needs protection and audit your existing policies, procedures & documentation. We can then assess how and where improvements can be made, and
identify the key areas for action.
Improve & Protect
We will formulate the appropriate internal policies, documents and training required to protect your assets, tailored to your needs. We will also offer best practice advice to mitigate the risk of threats, whether from
specific circumstances or as part of a more routine compliance project.
Manage & Monitor
We can carry out periodic health-checks of your policies and procedures and ensure that they are kept up to date, and in line with relevant legal and regulatory changes. We can also advise you on the impact of new technologies and working methods and how to modify your approach in the light of them.
Respond & Defend
When a problem does occur, we will enforce or defend your rights decisively with effective strategies to limit or control any potential damage and/or continued threat. We can also guide you through the issues involved
in forensic & regulatory investigations, surveillance and the tactics and realities of Court action.
We're with you all the way & 03
Thinking differently to future-proof your business
Helping your business develop an effective trade secrets management framework
When it comes to managing and protecting your trade secrets, we recognise that legal expertise is only part of the solution. Designing and implementing an effective framework of protection requires a holistic approach and thinking that extends beyond the legal issues and risks.
Our answer to this is Baseline, our joint venture consulting arm which brings together Bird & Bird legal advice with management consultancy techniques and methodologies.
It's a solution designed to support you with critical business and compliance issues such as trade secrets protection, and to future-proof your organisation against the changing regulatory and competitive landscape.
A phased, collaborative approach
To assess your trade secrets strategy and define a management framework that works for your business, our integrated team would follow a fourphased approach.
As well as the legal aspects of trade secrets protection and enforcement, each phase addresses the process improvement, organisational design and IT requirements for achieving an effective and sustainable solution.
It's an approach in which we focus on employee engagement and co-designing solutions that reflect the assets and processes unique to your business.
Understand the "as is" situation, and identify and measure immediate risks
Develop and implement new processes, procedures,
information flows and IT standards
Design monitoring process, including crisis management roles
Support policy breach reaction plan and crisis management task
Your road map to trade secrets compliance
A fit-for-purpose framework
The outcome is an effective management framework, which reflects not only your specific business environment and trade secrets strategy but the range of people, process, structure, technology and systems and governance/performance variables that need to be addressed.
This proprietary framework and uniquely integrated approach mean we think differently about the complex challenges associated with trade secrets protection, and can provide a complete solution to help protect the future prosperity of your business.
04 & Thinking differently to future-proof your business
Practices & sectors at Bird & Bird
Firmwide revenue exceeded 380m for the first time in 2017/18
We have over 1350 lawyers internationally and a total headcount
of almost 2700 internationally
The firm has now seen nearly 30 years of continuous, unbroken
We have 29 offices in 20 countries
Organised around key sectors since 1998, longer than almost all other law firms
Thinking differently to future-proof your business & 05
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Bird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated and associated businesses. Bird & Bird LLP is a limited liability partnership, registered in England and Wales with registered number OC340318 and is authorised and regulated by the Solicitors Regulation Authority. Its registered office and principal place of business is at 12 New Fetter Lane, London EC4A 1JP. A list of members of Bird & Bird LLP and of any non-members who are designated as partners, and of their respective professional qualifications, is open to inspection at that address.