Tamara's Tips

Recently, a small Boulder-based client who is about to expand exponentially asked me for guidance on protecting a process his company considers top-secret. My advice to him: take sufficient steps to make sure that those who are exposed to the trade secret are aware of its status as such.  In particular, I told him there were three policies he could implement:

Indemnification clauses can cause people to pull their hair out. Like limitation of liability provisions, indemnification provisions in a contract involve both business and legal issues. My job as a lawyer is always to protect my clients, and to try my best to explain legal issues in plain terms they can understand. 

Can business issues really ever be separated out from legal issues? No. Many sales people anxious to get a deal done have insisted that my job as the lawyer is only to advise a company on the “legal issues” in a contract. In other words, they want me to ignore the provisions they have deemed “business issues” and just look at the “legal matters” in isolation.

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