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Crisis Prevention

Thursday, November 29 2007

 There are times when foresight, insight, or gut feelings enable crisis prevention rather than crisis management. Let me give you an example.

Nowadays most businesses have intellectual property assets that aren't all protected by patents, trademarks and copyrights. Think of trade secrets and know-how.

Many believe that in having all employees sign NDAs (Non Disclosure Agreements) and confirm in exit interviews when they leave the company that they are complying with those obligations.  This represents a competent IP protection protocol. Only when someone runs off with the family jewels to a competitor and action has to be taken do they learn about the insufficiency of that protocol.

Having NDAs in place, but not treating what you want to protect like one would normally protect the family jewels dilutes the enforceability of the NDA.

If you periodically have a survey of how you deal with your secrets and know-how information, you might really dissuade folks from running off with it. And if they do, you would really have a much better chance to prevail in your effort to get it back and enjoin others from using what they took. It's the difference between "let's pretend" we have important "stuff" and really being believable when you claim that you do. Contracts don't always represent reality.

For more about crisis prevention, visit Richard Solomon at his website http://www.franchiseremedies.com.

 

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