Laura Smolowe Discusses Trade Secret Issues Surrounding Mobile Employees in the Biopharma Industry in Drug Discovery & Development Article 

Munger, Tolles & Olson partner Laura Smolowe spoke to Drug Discovery & Development about the challenges of and tips for protecting trade secrets in the biopharma industry, especially in the context of high employee turnover and remote work, in an article titled, “Mass biopharma layoffs, remote work, and the cloud popularity threaten a surge of trade secret risk.”

According to Ms. Smolowe, trade secret misappropriation can have varying consequences depending on the nature and extent of the misappropriation. “Any time you have a situation where there are a lot of employees in a position where they are moving from one company to another, and in particular, potentially to competitors, you have an increased risk of misappropriation of trade secrets,” she said. Ms. Smolowe also highlighted the role of cloud computing and personal devices as possible avenues for misappropriation of intellectual property, as well as the nuances of distinguishing between permissible and impermissible uses of information learned from previous employers.

Ms. Smolowe discussed steps companies can consider taking to protect their information, and to decrease the risk of the transfer of confidential information between competitors. She also discussed issues companies should consider when onboarding new employees to reduce the risks of bringing over confidential information from former employers.

Ms. Smolowe’s practice focuses on complex commercial litigation and trials and arbitrations, as well as counseling clients through their most challenging legal issues — including but not limited to trade secrets, privacy, professional liability, breach of contract, breach of fiduciary duty and fraud. She has particular experience in the area of trade secrets and employee mobility across a wide array of industries, including technology, entertainment, fashion, retail, finance and pharmaceuticals.

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Trade Secret and Employee Mobility

Munger, Tolles & Olson protects clients’ intellectual property in complex matters. MTO’s practice handles everything from high-stakes litigation to trials to day-to-day counseling. We help clients protect their trade secrets from disclosure, defend against accusations of misappropriation, onboard employees moving between competitors, and safeguard intellectual property during merger and acquisition negotiations, due diligence efforts and joint venture talks.

Learn more about MTO’s Trade Secret and Employee Mobility practice.