Are You a Victim of Trade Secret Misappropriation?
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In the corporate world, business loyalties are an ever-changing tide. Employees regularly change companies and when they do, their allegiance changes too. Many feel entitled to share secrets from their prior job with a new employer to help them get ahead in the industry. Your own company may be suffering from this widespread epidemic known as trade secret misappropriation: the act of illegally divulging private information to help another person or organization gain a competitive edge.
As infuriating as it is, trade secret misappropriation is unfortunately not uncommon. Our firm has committed itself to defending those whose success has been comprised and pursuing justice on their behalf. You can trust our Los Angeles business attorneys to do the same for you.
How can I prove that trade secret misappropriation occurred?
Through the years, business owners have been protected by a number of different anti-fraud acts. The most applicable is the Uniform Trade Secret Act (UTSA). This act clarifies exactly what a trade secret is and when it has been illegally divulged. The best way to dispute illegal misappropriation is by filing a claim, through which you are required to prove several different things.
A successful misappropriation claim proves the following:
- That a trade secret existed
- That the secret was obtained by a third party through improper or unfair means
- That the third party used the trade secret to the detriment of the trade secret’s owner
A trade secret is unique in that it is not common knowledge for others in the industry and it gives a competitive advantage to the owner. Anytime that trade secret is acquired by theft, fraud, or bribery, it is considered illegal. Also considered illegal is when a third party uses a trade secret fully aware that the secret was obtained unlawfully.
Trade secret misappropriation often creates damage that can take months and even years to undo. Our firm believes that the sooner we take action, the better it is for your company.
Schedule your consultation today to speak personally with our Los Angeles business lawyers.