Trade Secrets Defined
A trade secret is something of value used or developed by a business that is not publicly known or disclosed. The business seeking to protect a trade secret must take reasonable steps to protect it from becoming public information to enjoy protection. So a trade secret is just that, a secret. It is not registered anywhere like a patent or trademark, and it is never disclosed in a public manner. Most trade secret litigation stems from what “reasonable steps” a business took to protect its trade secrets. For example, it may be necessary for some employees to know trade secrets, but it would be important in most instances for all employees not to know trade secrets for them to remain protected.
Trade Secret Litigation
Few challenges can cause more panic than the use of a closely guarded trade secret by a competitor or former employee. Companies today face the overwhelming task of creating unique and useful products or services in a competitive environment. Once a business is fortunate enough to create such a product that is profitable, its protection from imposters becomes critical. If your business discovers any non-authorized use of trade secrets, it is critical you speak with a trade secret litigation attorney immediately.
McFarlin LLP has litigated and settled many such cases for our clients in a manner that caused minimal business disruption. It is often important to send a strong message. As such, our attorneys will immediately seek an injunction in court against the offenders continuing to use your trade secrets and protect your business.
Defense for Trade Secret Litigation
Alternatively, if your business has been wrongfully accused of misappropriating trade secrets, our skilled trade secret litigators will uncover weaknesses in plaintiffs’ allegations and protect your ability to keep operating, or negotiate an advantageous settlement on your behalf. It is somewhat common for an established business to try to take out an upstart competitor with a trade secret lawsuit, even when there is very little merit. Our litigators will work within your budget to find you an affordable solution so your business may continue and flourish.
California Unfair Competition Laws
Unlike many states, California disfavors non-compete agreements in most instances. Accordingly, a simple clause in an employment agreement stating an employee won’t go to work for a competitor or start a competing business is not sufficient in California.
Unfair competition law in California is complex and difficult to apply in many cases. If you are facing a business challenge relating to an unfair competition issue it is important you speak with an experienced unfair competition attorney as early as possible. Oftentimes in this area of law, the first action a business takes can make or break the case. Whether you are seeking to protect your unique business processes or you’ve been accused of wrongdoing, the unfair competition attorneys at McFarlin LLP can help.
Business Litigation Lawyers for Unfair Competition
The Los Angeles business litigation attorneys at McFarlin LLP have wide ranging experience in a variety of industries relating to trade secret and unfair competition litigation. Our approach is always to minimize the impact any litigation has on your business by working within your budget and keeping our fees affordable. We seek minimal business disruption for you, so your business can carry on and flourish.
If you are facing an issue relating to trade secrets or unfair competition, call us today for a free case evaluation and analysis at (949) 570-5025. We provide premier affordable legal services throughout California.
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