What is the legal strategy behind misappropriation of trade secrets and how can this valuable legal protection help your San Diego or Southern California business? There are occasions where a covenant not to compete may be partially or fully enforceable, such as in a medical or healthcare law environment. However, most business owners and executives know California Courts do not tend to side with employers or support covenants not to compete in the manner one would expect or hope for. California has made non-compete agreements all but unenforceable since 2018, however, the misappropriation of trade secrets can be a very effective tool for protecting your company from current and former employees and future competition.
Trade Secret Agreements
The Watkins Firm works with our business clients to implement trade secret agreements which can and will protect your vital interests and reduce or eliminate the opportunity for an employee to take what they’ve learned from you and compete against you in the local marketplace.
The misappropriation of trade secrets and intellectual property are absolutely enforceable under California law. The misappropriation and application of trade secrets and the proprietary information and process of your business are usually much more enforceable than a covenant not to compete in California. This is why Trade secrets are the basis of a strong non-compete strategy for a San Diego business.
What Can the Protection of Trade Secrets Extend To?
What can the protection of trade secrets extend to and how should you consider applying the legal strategy behind misappropriation of trade secrets to your company?
Did you know that trade secrets and proprietary information could apply to most of the issues covered in a non-compete agreement, such as:
- Pricing
- Information and contacts relating to suppliers, and supply chain strategies
- Presentations, marketing strategy and tactics and social media practices and campaigns
- Technical knowledge or industry specific skills or expertise
- Supplier and Customer lists and contacts
- Corporate correspondence including emails, texts, and documents
- Processes and best practices
The Watkins Firm will help to protect your business by crafting policies and procedures which clearly establish “trade secrets” and “proprietary information.” We protect as much as possible the business knowledge and assets of your company, as well as the manner in which you conduct business. Our trade secret agreements protect your strategies, market expertise, suppliers and customers and the investment you’ve made to teach your employers the unique aspects of your own business.
Helping Our Clients to Implement the Legal Strategy Behind Misappropriation of Trade Secrets
The Watkins Firm has decades of experience helping our clients to implement the legal strategy behind misappropriation of trade secrets in San Diego and Southern California.
We work with our clients to establish the basis for identifying and protecting your trade secrets. Misappropriation of trade secret convictions require that we prove you own the trade secret in question, that the employee/former employee “acquired, disclosed, or used” your firm’s trade secret(s) through “improper means” and their actions resulted in damages to your business. The misappropriation of trade secrets is an unfair business practice which generates substantial civil and potentially criminal legal exposure.
The civil law remedy for misappropriation includes injunction [to stop competition from former employee or competitor who acquired your trade secret(s)], a fine of up to $250,000 for an individual or $5 million for a corporation and the potential for imprisonment for up to 15 years in a criminal law matter.
If you are concerned an enforceable legal strategy which effectively protects your company 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.
