Trade secret disputes are extremely fact-specific, and often become unforeseeably complex and expensive when litigated. Therefore, at Kolisch Hartwell we believe it is crucial to put agreements and policies in place that will simplify trade secret enforcement if it becomes necessary. This proactive, prospective approach to trade secret rights can dramatically reduce the cost and effort required to enforce trade secret rights when misappropriation occurs.
When trade secret enforcement becomes necessary, our clients often find themselves in a strong position because of the foundation laid as a result of our ongoing advice. Even when this is not the case, we have the experience to evaluate the strength of a potential trade secret claim, identify the possible pitfalls, and construct the right strategy to ensure that important company information isn’t used by a competitor or placed into the public domain.
Our Trade Secret Enforcement services include:
- Ongoing policy advice We provide our clients with expert advice about how to identify trade secrets clearly, take adequate secrecy measures, and put the right trade secret provisions into employment agreements and other contracts. This allows for straightforward decisions about trade secret enforcement down the road.
- Claim analysis When an employee leaves a company and begins working for a competitor, it is natural for the former employer to question whether the employee brought trade secrets to the new employer. This and other similar scenarios raise a number of questions, primarily whether the information allegedly taken qualifies as a trade secret, whether the employee had a duty not to disclose the information to the new employer, and whether evidence the information was taken and improperly used or disclosed can be developed. At Kolisch Hartwell, we work hard to investigate and educate our clients about the strength of a trade secret claim before the client invests a lot of time and money in an enforcement action, to help avoid unexpected outcomes.
- Dispute resolution and litigation When we determine that trade secret misappropriation has occurred, we help resolve the situation before significant damage can be done. Immediately reminding or informing an opposing party of their trade secret obligations is often enough to resolve a problem. If not, we’ll quickly move to cut off the effects of misappropriation by obtaining injunctive relief from the state and federal courts. In cases of extensive or particularly damaging acts of trade secret misappropriation, we’ll pursue financial compensation, including attorney’s fees when the misappropriation is willful or malicious.
Contact us to learn more about Trade Secret Enforcement.