Trade Secret & Unfair Competition 

As the dramatic pace of technological innovation is continually reshaping trade secret protection and litigation/unfair competition law, the acquisition and enforcement of these rights is an increasingly complex challenge.

The Louderback Law Group is dedicated to protecting our clients’ trade secrets, which is critical in an era where this type of theft is all too common. A trade secret is information that has independent economic value based on the fact it is confidential (not easily known to the general public). Examples of trade secrets include: customer lists, price lists, marketing plans, and technical knowledge.

A viable trade secret claim must also involve an act of misappropriation. Misappropriation is found when a trade secret is acquired by someone who knows or has reason to know that the trade secret was acquired by improper means. A variety of remedies can be awarded including, damages for actual losses, the imposition of a royalty, exemplary damages to punish the misappropriator, attorneys’ fees, and/or injunctive relief.

Our team of experienced attorneys leverage decades of expertise and trial know-how in representing clients in these time-sensitive matters. The ability of a company to operate, compete, and survive in the future are characteristics of trade secret litigation. We advise both companies and individuals how to navigate this complex area of law.

Employee Mobility Connection-  Trade secrets protection and employee mobility are often linked as claims of trade secret misappropriation can  arise when an  employee seeks new employment.  We have helped both employees and employers to make employee mobility transitions as risk-free as possible, without litigation or dispute. Find out more about our employee mobility work, especially concerning trade secrets protection.

Recent Successes

Trade Secret #1: Confidential Settlement; San Francisco County Superior Court

We were retained shortly before trial to represent our clients who were sued for misappropriation of trade secrets after leaving their employer to start a competing entity. We were able to obtain an outstanding settlement amount that was considerably below our clients’ potential exposure and would not impede them financially from continuing to expand their fledgling business.

Trade Secret # 2: Confidential Settlement; San Mateo County Superior Court

Our clients were entrepreneurs who were sued for trade secret misappropriation after they departed their employer and formed a competing technology consulting company. After precluding discovery by challenging the sufficiency of the plaintiff’s trade secret designation, we were able to leverage a highly favorable settlement at mediation which allowed our clients to compete freely in the market without any restrictions.