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| Area | Practical Guidance | |------|---------------------| | | Include clear definitions of “competitor,” duration , and geographic limits ; attach audit rights to verify compliance. | | Trade‑Secret Management | Label digital assets as “Confidential – Trade Secret,” use encryption , and require NDAs for any third‑party access. | | Influencer Communications | Advise influencers to qualify subjective opinions (“In my experience…”) and avoid definitive false statements about a product’s performance. | | Royalty & Compensation Clauses | Tie royalties to verifiable performance data and include force‑majeure / breach provisions that allow suspension of payments upon material breach. | | Litigation Strategy | Preserve electronic evidence (screenshots, metadata) early; for trade‑secret claims, conduct a forensic data review to establish a chain of custody. |
