Unfair Competition & Trade Secrets
Our attorneys have the experience and knowledge required to help clients address the enforcement of antitrust laws, unfair competition and trade secret disputes. We advise our clients on the solutions that can prevent antitrust and trade-regulation problems, and if disputes do occur, we can help clients determine the best approach to resolve enforcement actions. Business disputes that are not actionable under patent, trademark or copyright laws may often be pursued under other statutory and nonstatutory theories in both federal and state courts.
A primary asset of any business is the proprietary information that makes its products or services unique—whether already on the market or still in development. This is as true for companies involved in heavy manufacturing as it is for software developers. Given the increased use of strategic alliances, the turnover in knowledgeable workers, and the growing risk of unauthorized access to secured computer systems, businesses are more vulnerable than ever to the improper use and misappropriation of trade secrets.
Our attorneys can help clients identify and correct potential holes in their trade secrets protection strategies. This includes audits of existing trade secrets and intellectual property; non-compete, non-disclosure and confidentiality agreements, licensing agreements; database and other electronic information protection systems; and other trade secret protection policies, procedures and employee training practices. Following this analysis, we recommend strategies designed to shore up weak or non-existent firewalls, and to negotiate more effective agreements with business partners and allies.
When theft or misappropriation of trade secrets occurs, we work quickly and aggressively to stop the further spread or use of the lost information. Our litigators use every strategy available to them to pursue possible violators, including seeking injunctions and prosecuting claims both in court and in alternative dispute resolution forums. Recognizing that claims of trade secret infringement can cause significant damage to consumer and business confidence, we work equally aggressively to defend our clients against such allegations.