We are experienced in all aspects of trade secret creation and litigation, whether protecting our clients’ intellectual property or defending against misappropriation claims.
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Trade secrets are an important, but invisible component of a company's intellectual property. Their contribution to a company's value, measured as its market capitalization, can be major.
Trade Secrets are not just secrets, they are creating using the Defend Trade Secrets Act passed by Congress in April 2016 and the interpretation of other laws protecting trade secrets from state to state. We know how to create defendable trade secrets, that can be defended in the event of wrongful misappropriation. We know from a practical standpoint how best to maintain the secrecy of information disclosed, and how to reduce vulnerability to misappropriation. We will guide you on what to do when you suspects that a misappropriation has occurred, and counsel you on how to reduce the risk of a misappropriation claim when new employees come on board or existing employees leave.
1. My business partner left and is now competing against me using our company’s mailing list. What can I do?
2. I want to fire an employee, but I’m afraid she’ll tell a competitor how we are getting so many clients.
3. I want to license an old family recipe, but I want to make sure they don’t steal the recipe. Can I do that?
4. I’m not sure whether to get a patent or a trade secret. Which is best in my situation?
5. How do patents and trade secrets differ?
6. Are the non-disclosure agreements that I find online good enough?
We can provide the right attorney and the right advice for the trade secrets needs of any business.
TRO…Initiating or defending temporary restraining order and preliminary injunction applications
EMPLOYEE THEFT…Pursuing and defending infringement, misappropriation, and employee raiding claims; Advising clients on how to protect their trade secrets during hiring and firing employees
DISPUTE RESOLUTION…Mediating and arbitrating, as well as assisting mediators and arbitrators, in trade secret disputes; working with misappropriations to mitigate damage
TRADE SECRET CREATION…Creating policies and procedures that satisfy both state and federal trade secret regulations and laws
NDA…Preparing nondisclosure, employee and client non-solicitation, and noncompete agreements for employees, consultants and independent contractors