Orange County Trade Secret Litigation & Disputes
Prove That Your Company Stands on a Firm Legal Foundation With a Proactive Legal Partner
Putterman Law is the right Orange County firm to provide custom strategies for a favorable outcome in your trade secret litigation or restrictive covenant case.
When the Foundation of Your Business is At Stake, Putterman Law Takes Action
Getting a new business off the ground is hard enough as it is, but that challenge grows when your previous employer is trying to stop you before you even get started by alleging you have misappropriated their “trade secrets.”
The reality, of course, is that they simply do not want you competing in their space, but the threat to your new enterprise still looms large. We understand that you’re frustrated, angry, and ready to do whatever it takes to protect your business, including litigation – but you can’t do it alone.
Putterman Law will work diligently and aggressively to protect you and your business. We understand how large corporate firms approach these cases because we used to work with them – and we have the expertise to protect your new company and prevent these issues from coming up again.
Trade Secret Disputes FAQs
What is legally considered a trade secret?
A trade secret refers to any information that holds economic value because it is not widely known or easily accessible to others. These secrets are often vital to a company’s success, giving it a competitive edge in the market.
Trade secrets can include things like formulas, programs, techniques, or processes–anything that gives a company an advantage that others cannot easily replicate. Some common examples of trade secrets include:
- Secret recipes
- Marketing strategies
- Proprietary software algorithms
Trade secrets are protected under U.S. law by the Uniform Trade Secrets Act (UTSA) and the Defend Trade Secrets Act (DTSA), which establish legal safeguards for these valuable assets.
Protecting your trade secrets is essential, as the loss or theft of this confidential information can result in significant financial harm to your business.
Trade Secrets vs Patents?
A trade secret is confidential business information that provides a company with a competitive advantage, such as formulas, processes, or methods. If this practice remains a secret, then it is protected.
The key to protecting a trade secret is keeping it confidential. No formal registration is required, but businesses must make reasonable efforts to keep the information private. As long as the secret is maintained, the protection is indefinite.
In contrast, a patent is a legal right granted by the government to an inventor, giving them exclusive rights to use, make, or sell an invention for a set period. To obtain a patent, the invention must be publicly disclosed and meet specific criteria, such as novelty and non-obviousness.
While patents offer a limited monopoly on the invention for a set period, trade secrets can offer protection for as long as the secret is kept safe, providing businesses with potentially indefinite advantages, without needing to disclose their valuable information to the public.
How do you prove trade secret infringement?
To successfully prove trade secret infringement in California, there are three critical elements you must establish:
- Existence of a Trade Secret: First, you must show that the information in question qualifies as a trade secret. This means demonstrating that the information has economic value, is confidential, and has been protected through reasonable measures–such as non-disclosure agreements, secure storage, or limited access.
- Misappropriation: Next, you need to prove that the defendant wrongfully acquired, disclosed, or used your trade secret without authorization. This could entail theft, breach of confidentiality, or unauthorized sharing of the secret with competitors.
- Damages: Finally, you must show that the misappropriation resulted in harm, which can include things like financial loss, lost market share, or an unfair competitive advantage gained by the defendant. Essentially, you need to demonstrate how the infringement negatively impacted your business.
In trade secret infringement cases, evidence plays a huge role and can include non-disclosure agreements, access logs, communications, or other records that show unauthorized use or disclosure of your trade secrets.
When should you hire an Orange County trade secret litigation attorney?
If your confidential business information has been stolen, misused, or disclosed without your permission, it is crucial to seek legal help from an Orange County trade secret litigation attorney.
A skilled attorney can assess whether your information qualifies as a trade secret and walk you through the legal process of protecting it. If your trade secrets have been exploited by a competitor, a former employee, or any unauthorized party, legal action may be necessary to prevent further harm to your business.
A knowledgeable attorney can help pursue remedies like damages and injunctions to stop the misuse and recover your losses.
Additionally, your attorney can assist you in enforcing non-disclosure agreements and implement strategies to prevent future misappropriation of your trade secrets, helping you safeguard your competitive edge for the long term.
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