Trade Secret Lawyer:
Protect Your Genius and Bottom Line

Trade secrets keep companies competitive. When compromised, money and market positions are at stake. To learn more about trade secret law, keep scrolling; there’s a wealth of information below the fold. To speak with an AV-rated, trade secret lawyer, get in touch.

What Is A Trade Secret, Anyway? A Simple Legal Definition

A trade secret is a business process, procedure or thing that:

  • Gives a company an economic advantage;
  • Is non-public, privileged information;
  • Is purposefully kept secret.

A trade secret can be a:

  • Formula
  • Business practice
  • Process
  • Design
  • Instrument
  • Pattern
  • Collation of information
  • Device
  • Program
What Is a Trade Secret & What Isn't?
Allowable Violation
Independent Invention Theft & Bribery
Licensing Arrangement Misrepresentation
Reverse Engineering Espionage / Spying
Published Literature Breach of Inducement or Duty To Maintain Secrecy

The Nine Pillars Of Trade Secret Law

  1. 1For something to qualify as a trade secret, it must be surreptitious -- meaning that people in the business community aren't privy to the information.
  2. 2Some companies, like Coca-Cola, opt to protect their confidential information with trade secrets instead of patents because trade secrets don't have expiry dates.
  3. 3Compared to other intellectual property torts, trade secret protection is versatile. Unlike patents, parties aren't required to formally register trade secrets.
  4. 4Trade Secret Remedies include injunctive relief, monetary damages, and attorneys' fees.
  5. 5Package and “shrink” licensing software, that include confidentiality clauses, can maintain legal protection.
  6. 6Trade Secret Minus: There isn't a legal redress for reverse engineering. Yes, reverse engineering is legal.
  7. 7To win a trade secret claim, plaintiffs must prove that they made efforts to keep the information under lock and key.
  8. 8To successfully argue a trade secret misappropriation lawsuit, plaintiffs only need to prove that the secret was reasonable, not absolute.
  9. 946 states (plus, DC, Puerto Rico and the U.S. Virgin Islands) use the UTSA. MA, NJ, NY, and TX don’t use the UTSA, but have similar standards.

Trade Secret Law: Case Studies, Regulations, and Legal Information

Trade Secret Lawyer explains trade secret bill proposal
Trade Secret Law: Officials Debating New Trade Secret Law
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get an injunction lawyer
Trade Secret Law: Get An Injunction To Stop Trade Secret Infringement
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Trade Secret Law: Case Study: App Developer v. App Developer
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Law Blog: Trade secret introduction
Trade Secret Law: Introductory Guide To Trade Secret Law
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Internet law blog: trade secret law general
Trade Secret Law: 60-Second Explanation of U.S. Trade Secret Law
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Trade Secret Law: Hypothetical Trade Secret Lawsuits
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Business Law Case Study: Parigi v. Puma
Trade Secret Law: Trade Secret Case Study: Parigi v. Puma
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Internet lawyer for Google issues
Trade Secret Law: Trade Secret Case: Oscars v. GoDaddy
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Consult A Trade Secret Lawyer

What's the best way to determine if your trade secret claim is solid? Speak with an attorney well versed in the field.

Kelly / Warner Law solves trade secret challenges, and regularly secures emergency gag orders and injunctions for clients.

We'll ensure your companies’ secrets stay out of the public eye
-- and competitors' board rooms.

Speak With A Trade Secret Lawyer »