Our Trade Secret Practice Areas

When your business relies on confidential information for its competitive edge, protecting that knowledge becomes essential. We work with businesses across industries to establish, maintain, and enforce trade secret rights. We also help businesses fend off trade secret claims by competitors. Our services address the various aspects of trade secret protection to help keep your confidential information secure in today’s fast-moving business landscape.

Trade Secret Litigation and Dispute Resolution

Discovering that your confidential information has been compromised can create immediate business concerns. Our work in trade secret litigation prepares us to handle these sensitive situations:

  • Representing businesses in misappropriation matters with practical strategies
  • Seeking and defending against injunctive relief when time is critical
  • Pursuing appropriate damages for trade secret theft, as well as fighting damages claims by competitors
  • Resolving disputes through negotiation, mediation, or litigation based on your specific needs

Our experience with these matters helps us identify potential vulnerabilities, which often allows us to develop preventative approaches before problems escalate.

Trade Secret Protection Strategies

“How do we protect information that can’t be patented or copyrighted?” This common question requires thoughtful planning. We help clients develop effective trade secret protection programs, including:

  • Identifying and properly cataloging what qualifies as trade secrets
  • Drafting and reviewing non-disclosure agreements (NDAs) and confidentiality provisions
  • Developing practical trade secret protection protocols that work with your operations
  • Integrating trade secret protection with other forms of IP protection for comprehensive coverage

We collaborate with you to create tailored strategies that safeguard your valuable confidential information while enabling necessary business functions.

Employee Mobility and Trade Secrets

Employee transitions often create the greatest risk for trade secret exposure. We understand these complexities and provide guidance for:

  • Implementing best practices to protect trade secrets during employee departures and arrivals
  • Assisting with non-compete and non-disclosure agreements that balance protection with enforceability
  • Working with technical experts to properly gather or analyze evidence in trade secret disputes

Comprehensive IP Protection

Trade secrets often work best as part of a coordinated intellectual property strategy. Our trade secret practice works alongside our other IP services to create approaches that combine trade secret protection with complementary tools like patents, copyrights, and trademarks. This integrated approach helps provide well-rounded protection for your valuable business assets.

Our Practice Areas

All Practice Areas

Frequently Asked Questions

What qualifies as a trade secret?

A trade secret is information that derives independent economic value from not being generally known or readily ascertainable, and is subject to reasonable efforts to maintain its secrecy. This can include formulas, patterns, devices, or compilations of information used in one’s business that give an advantage over competitors.

How long does trade secret protection last?

Trade secret protection can last indefinitely, as long as the information remains secret and continues to have economic value due to its secrecy.

What steps should I take to protect my trade secrets?

Key steps include identifying your trade secrets, implementing physical and digital security measures, using non-disclosure agreements, training employees on the importance of confidentiality, and limiting access to trade secrets on a need-to-know basis.

What is the difference between patent protection and trade secret protection?

Patents provide a time-limited monopoly (of sorts) in exchange for public disclosure of an invention, while trade secrets rely on maintaining confidentiality and can potentially last indefinitely. The choice between the two often depends on the nature of the information and business strategy.

What should I do if I suspect my trade secrets have been stolen?

If you suspect trade secret theft, it’s crucial to act quickly. Document the suspected misappropriation, secure your systems to prevent further loss, and consult with a trade secret attorney to discuss your legal options, which may include seeking a temporary restraining order or preliminary injunction to prevent further dissemination of your trade secrets.