San Diego Misappropriation of Trade Secrets Attorney

San Diego Misappropriation of Trade Secrets AttorneyYour company’s intellectual property and trade secrets are extremely valuable and this is especially true when your trade secrets or intellectual property separate you from other businesses in this competitive marketplace.  The California Uniform Trade Secrets Act or CUTSA establishes what can qualify to be a trade secret, how to legally identify and protect your trade secrets and ultimately what to do when your trade secrets have become misappropriated by a business partner, current or former employee or even your competition.

The misappropriation of trade secrets and associated business practices have generally replaced non-compete agreements in California as one of the best protections against the risk of an employee, supplier or even customer or competitor using your proprietary information, internal secrets and processes to compete against you in California.

While your company’s trade secrets constitute one of your most valuable business assets they cannot be registered for protection as intellectual property in California.  It is therefore important to establish enforceable procedures to help you and your employees to understand what can be identified as a trade secret and how to protect your company’s trade secrets and proprietary information.

The Watkins Firm has more than four decades of experience serving the San Diego business community.  We can help your business to establish and implement the trade secret related strategies necessary to protect customer and supplier data, intellectual property and other important assets and pursue those who have used the misappropriation of trade secrets to gain a competitive advantage against you and your organization.

What is Considered to be a Trade Secret in California?

Many experienced business professionals do not completely or accurately understand the genuine nature of what the law identifies as a “trade secret.”  Some may be obvious such as the recipe to a major cola, or how to prepare fried chicken.

Misappropriation of Trade Secrets Attorney San DiegoHowever, in most cases the misappropriation of trade secrets is associated with standard business assets and processes the business owners have not considered. In most instances, the business concept of trade secrets relates to proprietary internal information such as:

  • Customer and Supplier Lists
  • Costs, Contracts and Strategies
  • Product Mix
  • Algorithms
  • Software, Programs or Unique Computer Technology
  • Marketing Processes and Vehicles
  • Secret Ingredients and Recipes
  • Technical and Industry Specific Knowledge
  • Inventions which have not been patented
  • Correspondence Including E-Mails
  • Equipment, Products and Processes

 

How Can Your Business Protect Against Misappropriation of Trade Secrets?

Misappropriation of Trade Secrets LawyerIn order to protect your business against the misappropriation of a trade secret you must first prove that the information or process was truly, in fact, a trade secret and that “trade secret” was dishonestly or unfairly taken, disclosed, used or “misappropriated.”  The information or process must derive it’s own value based upon the fact that it is not generally known in the marketplace or by others outside your company and that your firm has taken the appropriate steps to protect that trade secret.  A trade secret must not be able to be “reasonably or independently ascertainable.”

By it’s very nature, a trade secret should not be accessible to every employee, but only on a “need to know” basis.  If every employee is able to access the information California Courts are more reluctant to recognize the information as a trade secret.

A company’s proprietary or trade secret information must be clearly established in its employee handbooks, policies and procedures, workplace and HR documentation, as well as any employment contracts between the company and its employees. A confidentiality agreement may be required.

Once this foundational basis is in place, ongoing efforts and consistent action must be taken to protect the security, limited access and integrity of the information, and to educate employees on the nature of the data and how it is to be handled and applied.

It is important to note that your company’s proprietary information must be set apart, clearly identified and controlled.  There must be consistent internal communications and ongoing education as to the nature of internal trade secret information and the procedures associated with protecting it before, during and after leaving the company’s employ.

These protections should also be extended, when appropriate, to relationships with suppliers and customers alike.

San Diego Attorneys to Protect and Pursue the Misappropriation of Trade Secrets and Protect Your Competitive Edge

Trade Secret Misappropriation - The EdgeA well-conceived and executed trade secret strategy is one of the most effective tools to prevent an employee from leaving the company to compete against you or disclosing your trade secret information to others for any sort of gain or profit.  Watkins Firm attorneys work with our clients to implement the processes and procedures necessary to establish trade secret protections.

“Misappropriation” consists of gaining access to a trade secret through improper or deceptive actions as well as the use of those trade secrets or their disclosure to another party.

If an employee, contractor, supplier or customer misappropriates your trade secrets and attempts to use them to compete against you we can seek an injunction and put a stop to it, and recover monetary damages for the impact that action has made upon your business.

Learn more about California law, unfair competition and its implications for non-compete agreements and misappropriation of trade secrets strategies. We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.

We will discuss your unique business, review existing documentation and processes, and develop a strategy to protect the integrity of your business and secure the proprietary trade secret information that gives you and your company the competitive edge.