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On request, TD Ameritrade will provide the identity of the venue s to which your orders were routed for execution in the six months prior to the request, whether the orders were directed orders or non-directed orders, and the time of the transactions, if any, that resulted from such orders.
View TD Ameritrade, Inc. View Historical Disclosures. Exchanges, Customer Secured Funds for To view additional financial information on all futures commission merchants available from the Commodity Futures Trading Commission. Home Disclosures. Disclosures Historical Disclosures. Our Business Continuity Plan Secure and reliable access to your account information is one of our highest priorities. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings.
This Agreement may not be amended except in a writing signed by both parties. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. Employee is provided notice that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made i in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and ii solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual i files any document containing the trade secret under seal; and ii does not disclose the trade secret, except pursuant to court order.
Chemical, mechanical and manufacturing processes are commonly protected under nondisclosure agreements. Examples include processes for manufacturing chocolate powder, chicken pox vaccine or marble picture frames. Business strategies such as marketing schemes, advertising campaigns, business plans and new product announcements can be protected as trade secrets.
For example, courts have held that marketing strategies for the sale of propane gas and a business plan for a new franchise are trade secrets. A business method, a manner of conducting business or a way of doing business, is also a protectable trade secret. Examples include a system for analyzing mortgage rates or a process for instructing employees. Designs for products, machines, and structures, or other manufacturing specifications, can be protected as trade secrets.
Examples include the design for a photo-processing machine, the blueprint for a casino or specifications for a paint roller. Other formulas that could be protected as trade secrets include pharmaceutical, chemical and cosmetic compounds. Physical devices such as machines, devices or objects can be subject to trade secret protection.
Usually, trade secret protection is lost once the device is made public, but protection may enable you to protect it before obtaining a patent or while attempting to sell or license the product. Computer software is commonly protected under trade secret law because the underlying software code is not readily ascertainable or generally known. A computer program often qualifies for trade secret status during its development and testing stage.
It may also qualify for protection under copyright or patent law. Companies are often very eager to protect their customer lists with NDAs, particularly when a former employee might use a customer list to contact clients. If a dispute over a customer list ends up in court, a judge generally considers the following elements to decide whether or not a customer list qualifies as a trade secret:. Customer List — Example 1 : A salesman worked for an insurance company selling credit life insurance to automobile dealers.
When he switched jobs to work for a competing insurance company he took his customer list and contacted the customers at his new job. A court ruled that the customer list was not a trade secret because the names of the automobile dealers were easily ascertainable by other means and because the salesman had contributed to the creation of the list.
Lincoln Towers Ins. Agency v. Farrell, 99 Ill. Customer List — Example 2 : Former employees took the client list of a temporary employment service. The former employees argued that the list could not be a trade secret since the information could be obtained through other means. Courtesy Temporary Serv. Camacho, Cal. Retailers are usually easy to identify through trade directories and other sources, and a list of them ordinarily does not confer a competitive advantage.
But there are exceptions—for instance, a list of bookstores that order certain types of technical books and pay their bills promptly may be very valuable to a wholesale book distributor. But if the information is readily ascertainable through trade publications or other industry sources, it is not classified as a trade secret. In other words, the information was easy to ascertain. Shilling, Cal. A database—information of any type organized in a manner to facilitate its retrieval—is often protected as a trade secret.
For example, a court ruled that a database for inventorying and cost economies on wholesale sandwich production for fast-food retailers was a protectable trade secret. One Stop Deli, Inc. P 70, W. A collection of data that is readily ascertainable, however, is not a trade secret. Databases may also be protected under copyright law if the method of compiling or arranging the data is sufficiently creative. Know-how does not always refer to secret information. Sometimes it means a particular kind of technical knowledge that may not be confidential but that is needed to accomplish a task.
Although know-how is a combination of secret and nonsecret information, we suggest that you treat it as a protectable trade secret. If you disclose know-how to employees or contractors, use a nondisclosure agreement. Cease and Desist — A letter from the owner of a trade secret or copyright, patent or trademark that requests that alleged illegal activity is stopped immediately. Clean Room — A method of developing proprietary material in which an isolated development team is monitored.
Common Law — A system of legal rules derived from the precedents and principles established by court decisions. Copyright — The legal right to exclude others, for a limited time, from copying, selling, performing, displaying or making derivative versions of a work of authorship such as a writing, music or artwork. Database — Information of any type organized in a manner to facilitate its retrieval.
Declaratory Relief — An order from a court sorting out the rights and legal obligations of the parties in the midst of an actual controversy. Economic Espionage Act — A law making it a federal crime to steal a trade secret or to receive or possess trade secret information knowing that it is stolen. Evaluation Agreement — A contract in which one party promises to submit an idea and the other party promises to evaluate it.
After the evaluation, the evaluator will either enter into an agreement to exploit the idea or promise not to use or disclose the idea. Fiduciary Relationship — When one person stands in a special relationship of trust, confidence or responsibility to another. Generally Known — Information is generally known if it has been published or publicly displayed or is commonly used within an industry. Improper Means — The illegal acquisition of trade secrets through theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means.
Injunction — A court order requiring that a party halt a particular activity. A court can issue an injunction at the end of a trial a permanent injunction or immediately, rather than wait for a trial a preliminary injunction. Two factors are used when a court determines whether to grant a preliminary injunction:.
The plaintiff may seek a temporary restraining order, which lasts only a few days or weeks. A temporary restraining order may be granted without notice to the infringer if it appears that immediate damage will result-for example, that evidence will be destroyed.
Know-How — A particular kind of technical knowledge that may not be confidential but that is needed to accomplish a task. License — A contract giving written permission to use an invention, creative work, trade secret or trademark, in return for payment. Misappropriation — The theft or illegal disclosure of trade secrets. Non-Competition Agreement — A contract in which a person or company agrees not to compete with the business of another company for a period of time. Option Agreement — An agreement in which one party pays the other for the opportunity to later exploit an innovation, idea or product.
Patent — A grant from a government that confers upon an inventor the right to exclude others from making, using, selling, importing, or offering an invention for sale for a fixed period of time. Readily Ascertainable — Information readily ascertainable if it can be obtained legally within an industry, at a library or through publicly available reference sources.
Reverse Engineering — Disassembly and examination of products that are available to the public. Trademark — Any word, symbol, design, device, slogan or combination that identifies and distinguishes goods. Trade Secret — Any formula, pattern, device or compilation of information that is used in business, that is not generally known, and that gives the owner of the secret an opportunity to obtain an advantage over competitors who do not know or use it.
Uniform Trade Secrets Act UTSA — An act created by lawyers, judges, and scholars, and adopted by 43 states and the District of Columbia, in order to confirm the trade secret rules of different states. Work Made for Hire — 1 A copyrightable work prepared by an employee within the scope of employment; or 2 A copyrightable work specially ordered or. The terms are capitalized to indicate they are defined in the agreement. To do that, substitute the following paragraph for the first paragraph of the agreement.
There are three common approaches to defining confidential information: 1 using a system to mark all confidential information; 2 listing trade secret categories; or 3 specifically identifying the confidential information. That depends on your secrets and how you disclose them. If your company is built around one or two secrets-for example, a famous recipe or formula-you can specifically identify the materials. You can also use that approach if you are disclosing one or two secrets to a contractor.
If your company focuses on several categories of secret information, for example, computer code, sales information and marketing plans, a list approach will work with employees and contractors. If your company has a wide variety of secrets and is constantly developing new ones, you should specifically identify secrets.
If confidential information is fairly specific, for example, a unique method of preparing income tax statements-define it specifically. Another approach to identifying trade secrets is to state that the disclosing party will certify what is and what is not confidential. Here is an appropriate provision that was taken from the sample NDA in the previous section.
When confirming an oral disclosure, avoid disclosing the content of the trade secret. An email or letter is acceptable, but the parties should keep copies of all such correspondence. A sample letter is shown below. Today at lunch, I disclosed information to you about my kaleidoscopic projection system, specifically, the manner in which I have configured and wired the bulbs to the device. That information is confidential as described in our nondisclosure agreement and this letter is intended to confirm the disclosure.
You cannot prohibit the receiving party from disclosing information that is publicly known, legitimately acquired from another source or developed by the receiving party before meeting you. Similarly, it is not unlawful if the receiving party discloses your secret with your permission.
These legal exceptions exist with or without an agreement, but they are commonly included in a contract to make it clear to everyone that such information is not considered a trade secret. In some cases, a business presented with your nondisclosure agreement may request the right to exclude information that is independently developed after the disclosure. By making this change, the other company can create new products after exposure to your secret, provided that your secret is not used to develop them.
You may wonder how it is possible for a company once exposed to your secret to developing a new product without using that trade secret. One possibility is that one division of a large company could invent something without any contact with the division that has been exposed to your secret.