Business Disputes Involving Trade Secret Misappropriation

Trade secrets are vital to the success of many businesses. Without a legal means of protecting those secrets, innovation would suffer. Maintaining the integrity of trade secrets gives businesses the competitive edge they need to flourish.

In Texas, a trade secret is any piece of valuable information that is not generally known or readily attainable. The business must make reasonable efforts to keep the information secret. Examples of trade secrets include:

  • Formulas
  • Patterns
  • Techniques
  • Processes
  • Programs
  • Customer lists

Misappropriation of trade secrets involves obtaining this information through improper means or disclosing it without the business's consent. Typically, misappropriation involves a former employee, manager, member or other person within the business organization who had access to the information. Misappropriation can also involve a contracting party who deviates from confidentiality obligations that are owed.

The Legal Framework For Trade Secret Claims

Businesses can seek legal recourse for both actual and threatened misappropriation. They may also have contract-based claims involving confidentiality or nondisclosure agreements. Protective orders often play a key role in these cases. A successful claim may result not only in monetary damages, but also an award of attorney fees and, in limited situations, exemplary damages.

For experienced guidance on any aspect of trade secret law, turn to the law firm of Stephen Kaplan, P.C., in Dallas. We handle trade secret litigation on behalf of plaintiffs and defendants. Our legal team has a thorough understanding of the Texas Uniform Trade Secrets Act (the legal framework for protecting trade secrets). Lawyer Stephen Kaplan has nearly four decades of experience resolving complex business disputes through litigation, negotiation and alternative dispute resolution.

Learn more by calling 214-346-6048 for a complimentary initial phone consultation.