Los Angeles Trade Secret Lawyers
A trade secret is defined as any valuable business information that is not generally known and is subject to reasonable efforts to preserve confidentiality. Trade secrets are used in business and usually provide an advantage over the competition. Unlike patents, copyrights or trademarks, which are disclosed to the public as a condition for granting protection, a trade secret actually loses its protection if it is fully disclosed. The value and protectability of trade secrets depend on taking reasonable precautions to maintain their confidentiality.
While almost every business has at least some trade secrets, they are quite fragile because they protect information and resources that are secret, which necessarily means that protection is lost if and when the secret becomes publicly known. Unlike other types of intellectual property, trade secrets do not expire, provided they remain secret. At Boyd Law, our Los Angeles trade secret attorneys are experienced in advising clients on trade secret law and how to safeguard their trade secrets proactively and quickly address threats of improper disclosure or use.
An intellectual property attorney can help you and your business develop and implement plans for keeping trade secrets secret. Whether by way of documentation, locks, passwords, restricted access procedures or locked cabinets, you can plan to keep your trade secrets undisclosed to outsiders. If a trade secret has been stolen from your business and disclosed to others, the Los Angeles attorneys at Boyd Law can advise you on your options.
Our Los Angeles trade secrets lawyers are available to help California businesses take proactive measures to protect their secrets in the marketplace. If disputes do ares, we know how to take immediate action to limit the damage and protect our clients’ financial interests. In addition, we defend individuals accused of divulging trade secrets or misappropriating other proprietary information.
At Boyd Law, we represent both corporations and their employees in intellectual property disputes and other business litigation involving:
- Misappropriation of trade secrets
- Covenants not to compete/non-compete agreements
- Nondisclosure agreements
- Duty of loyalty to an employer
- Protecting customer lists and other confidential information
- Injunctive relief in regard to theft of trade secrets
- Unjust enrichment damages
California is one of the many states that have adopted the Uniform Trade Secrets Act (CUTSA). Cal. Civ. Code 3426.1 defines the key terms of CUTSA:
(a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. Reverse engineering or independent derivation alone shall not be considered improper means.
(b) “Misappropriation” means:
(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(2) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(A) Used improper means to acquire knowledge of the trade secret; or
(B) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(C) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(c) “Person“ means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(d) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
At Boyd Law, our Los Angeles business law attorneys assist businesses and individuals in Los Angeles and throughout California in taking proactive steps to protect their trade secret information from former employees and industry competitors. We also provide aggressive litigation services to clients whose competitive advantage has been adversely affected by the theft and/or unauthorized use of their proprietary trade secrets. Call our office today at 310-777-0231 to speak with an experienced trade secret attorney and for an initial consultation.