Finding Creative Solutions For Complex Intellectual Problems

Helping You Protect Your Trade Secrets

Knowledge is power, and nowhere is that more apparent than in the business world. Trade secrets — a secret device or technique used by a company to manufacture its products — are becoming more important in the business world, especially companies looking to get a leg up on success. And protecting those trade secrets is key to continued success in the business world.

Not surprisingly, trade secret litigation is among the fastest-growing areas of controversy in our nation — and California is one of the most active states for this type of dispute. At Fergus, A Law Office, I provide robust and decisive legal representation to clients who want to protect their financial investment in matters involving trade secrets. With over 35 years of experience developing sound legal strategies for clients across a wide spectrum of legal disciplines, I know what steps need to be taken to limit the damage a trade secret violation can do to a business or reputation.

Common Industries Involving Trade Secret Lawsuits

Trade secrets are crucial in industries where proprietary information forms the crux of the business. These industries include:

Pharmaceuticals: Players in this industry protect vital information such as drug formulas, research data and methodologies used in drug development. Companies invest heavily in research and development to create new drugs and treatments. Any unauthorized disclosure or theft of this information can lead to substantial financial losses.
Consumer goods: Producers of consumer goods protect a wide range of proprietary information, including recipes, ingredient formulations and production processes. For example, in the food and beverage industry, companies guard their unique recipes and ingredient combinations, while in the fashion industry, design processes and proprietary materials are considered trade secrets. These elements are critical to a brand’s identity and competitive positioning.
Manufacturing: Companies often develop unique and optimized processes to enhance efficiency and reduce costs. These processes, which can include everything from assembly line techniques to specialized machinery, are frequently protected as trade secrets. The ability to produce goods more efficiently than competitors can provide a significant market advantage.
Tech: The technology industry is among the fastest evolving sectors, characterized by rapid innovation and intense competition. Companies in this field highly value and guard their software, algorithms and technological processes as trade secrets. For instance, firms may fiercely protect the source code of their software, the algorithms powering their artificial intelligence or the unique processes behind their hardware manufacturing.
Financial services: Financial firms protect crucial proprietary information like trading algorithms, investment strategies and client data. These trade secrets are essential for competitive advantage, safeguarded against unauthorized access to uphold client trust and regulatory compliance.

Protecting these secrets is essential to maintaining a competitive edge, leading to frequent legal disputes when confidentiality is breached. I can help ensure your intellectual property is secure with effective legal strategies, including proactive measures such as robust non-disclosure agreements and responsive actions like litigation enforcement, customized to meet the unique needs and challenges of your industry.

A Rapid Response Can Limit Harm To Your Bottom Line

Trade secret litigation cases turn on evidence of malfeasance, a reasonable interpretation of contractual language and laws governing intellectual property. In other words, they are complicated. And a rapid response to trade secret misappropriation or infringement can significantly limit harm to the bottom line.

I draw on more than 35 years of complex civil litigation experience to assess the facts thoroughly and to act quickly to protect your rights. If your trade secret rights have been violated, I can seek immediate injunctive relief to halt the violations, followed by a lawsuit seeking damages. If you have been accused of infringing someone else’s trade secrets, I can assert your right to operate unimpeded based on your implied rights and, when present, your contractual rights.

Protect Your Proprietary Rights And Your Good Name

The reality of trade secret violations points out the importance of having appropriate confidentiality agreements in place with employees and third parties. While there is an inherent tension between cultivating a relationship with employees and trade partners and treating them with suspicion, business owners must be prudent when addressing objective risks.

Similarly, a party that is restricted by a nondisclosure agreement can suffer lasting reputational damage if accused of misappropriating trade secrets. These individuals should seek legal counsel to understand the parameters of their nondisclosure agreement so as to not commit any inadvertent violations.

Learn How I Can Help You Protect Your Trade Secrets

The outcome of your trade secret litigation can have enormous consequences for your future. Retain representation from a pre-eminent trial attorney who excels at trade secret litigation. Call Fergus, A Law Office, today at 866-256-5487 or contact my San Francisco office online to schedule a consultation.