Many enterprises and organizations need to be able to demonstrate Intellectual Property rights over trade secrets or proprietary data. Yet since trade secrecy or confidentiality rights are, in Canada, based in the common law, how can you go about making them? This post discusses what systems can be put into place to reasonably ensure real-world access control over privately held information, and how implementing such a system leads to establishing enforceable rights.
This post discusses some of the action steps and tactical considerations in the wake of discovering a serious wrongdoing by an employee. For more severe wrongs, I suggest that it becomes more rather than less important to preserve an employee’s ongoing legal obligations of good faith by maintaining their employment while conducting a procedurally fair investigation. This can be carried out in tandem with various forms of damage control. Finally, this post sketches some of the potential end games after discovering a suspected wrongdoing.