These rights can be better defined in a written agreement. Restrictive covenants and non-solicitation clauses can legally restrict the ability of associates to compete with owners they have left. The common law provides some protection to owners by recognizing that unique procedures and innovations remain the property of the owner. The removal of proprietary information can be restrained by court order and damages can be awarded. Unfortunately, without a written agreement about what is proprietary information, it is much more difficult to obtain a remedy.
Proprietary rights are very difficult to lay claim to, without a detailed contract.
Liability Independent contractors appear to be ultimately responsible for negligence in the performance of their duties. Both owners and associates may consider the use of indemnification agreements to compensate for liability in appropriate circumstances. This article was prepared by Alf Kempf and Geord Holland . This article is not to be taken as legal advice and readers with any particular requirements should seek legal advice from a lawyer with experience in the area of practice.