Trade Secret Attorney
A trade secret is information that has economic value by virtue of not being known to the general public or others who can derive value from it, provided that the trade secret owner has made reasonable efforts to maintain its secrecy. Virtually any information that meets this criteria can constitute a trade secret, but some common examples include customer lists, source code, drink formulas, and manufacturing techniques. Trade secret misappropriation occurs when a person acquires, discloses, or uses a trade secret through improper means.
With the understanding that trade secrets are often critical to the success and sustainability of a business, Owens Tarabichi represents and counsels clients in all aspects of trade secret matters:
- Confidentiality, Employment, and Other Agreements. Perhaps the best way to protect trade secrets and ensure that you own them is through agreements. We draft and review confidentiality and nondisclosure agreements, invention assignment and property rights agreements, and employment agreements to ensure that your trade secrets remain protected and enforceable.
- Trade Secret Protection Programs. Because a trade secret is only protectable as long as the information is kept confidential, it is important to establish and adhere to a trade secret protection program. The components of a suitable trade secret protection program depend upon what is reasonable under the circumstances, but the objective of a trade secret protection program is to define, protect, and enforce a company’s trade secrets. In addition to using appropriate agreements, trade secret protection programs also cover the proper labeling of confidential information, the implementation of appropriate security measures, educating employees, limiting access to necessary personnel, and monitoring competitors. We work with you to create a suitable trade secret protection program to maximize the legal protection afforded to your trade secrets while minimizing the potential for misappropriation.
- Trade Secret Litigation. Even with appropriate agreements and a trade secret protection program in place, misappropriation can occur—whether through the breach of an agreement, the disregard of employment obligations, or the outright theft of information. In such circumstances, litigation is often the most efficient, and sometimes unavoidable, recourse. Drawing on our significant experience in prosecuting and defending trade secret misappropriation claims, we provide the highest quality representation to both plaintiffs and defendants in trade secret litigation.