Experienced California Trade Secrets Lawyer
Injunctive Relief ● Monetary Damages ● Employee Defense
Trade secrets can be challenging to protect because they are not registered like other intellectual property. However, trade secrets are ofter the key asset of a business. They confer important competitive advantages to your company, and are as important to protect as any intellectual property. David H. Schwartz is an experienced trade-secrets attorney who can recommend and implement strategies to protect trade secrets and also defend employees accused of stealing trade secrets.
Attorney David H. Schwartz is an experienced San Francisco trial lawyer practicing in complex commercial litigation for nearly 25 years. From his law firm located at One Market Plaza at the foot of Market Street and the Embarcadero, he represents both plaintiffs and defendants in cases involving the misappropriation of trade secrets. To schedule a complimentary consultation, contact the firm through this Web site or by calling (415) 975-2838.
A trade secret is a proprietary process, method, program, formula, recipe, procedure, or other practice that is not generally known in your industry, customers, or the public and which offers a competitive advantage. Unlike other intellectual property, it is not registered with the government. While there are remedies when trade secrets are exposed, once a trade secret is out there is often no way to hide it again.
Enforcement of Your Rights and Repayment for Your Losses
When trade secrets are revealed either by inadvertent disclosure or theft, your firm will need to consider a variety of options to minimize further exposure and claim compensatory and/or punitive damages. Likewise, if another party in possession of your trade secret begins to use it, they are depriving you of a significant business advantage. Injunctions, alternative dispute resolution, or litigation may be in order. Attorney Schwartz will help your organization consider strategies for expeditious resolution, maximizing recovery of business losses, and minimizing the possibility of further disclosure during litigation.
There are a number of remedies available for violation or infringement of trade secrets:
Injunctions. Attorney David Schwartz can seek injunctive relief for employers or owners of trade secrets in order to deter those with insider information from further using or reveling it.
Damages. Monetary damages, obtained through litigation, arbitration, or settlement of the dispute, are necessary in order to redress the harm to your company. Punitive damages may be available for theft of trade secrets or egregious behavior.
Employee Defense in Trade Secret Cases
Nondisclosure agreements and covenants not to compete are not always clear. Employees may have agreed not to disclose trade secrets but be unaware that the process or procedure they are using is proprietary. In his many years as a practicing attorney, David Schwartz has dealt extensively with employer-employee noncompete agreements and situations where employees are accused of disclosing or stealing trade secrets. Frequently, disagreements can be handled outside of court through negotiation. Since litigation may serve to exacerbate exposure of the secret, many parties are amenable to settlement.
Attorney Schwartz is skillful in resolving trade secrets disputes successfully through mediation, arbitration, or trial. He is a creative problem solver who will work to minimize further revelation and harm to the business. He focuses on premium quality client service and always focuses on obtaining cost-effective, expeditious, positive resolutions.
Contact the law office of David H. Schwartz, Attorney at Law, to schedule a complimentary initial consultation.
David H. Schwartz
Attorney at Law
One Market Plaza
Stuart Tower, Suite 1600
San Francisco, CA 94105
(415) 975-2838 • Fax: (415) 975-2841
California business and commercial litigation attorney David H. Schwartz represents clients in complex corporate and business litigation, securities litigation, and trade secrets litigation throughout the Bay Area, the San Joaquin Valley, and all of Northern California in locations such as San Francisco (East Bay, South Bay, and North Bay), Oakland, Richmond, Vallejo, Berkeley, Sacramento, SantaRosa, Fresno, San Mateo, San Jose, Palo Alto, Sunnyvale, Salinas, and the Silicon Valley.
San Francisco County ● San Mateo County ● Alameda County ● Contra Costa County ● Solano County ● San Joaquin County ● Sacramento County ● Napa County ● Sonoma County ● Marin County ● Santa Cruz County ● Santa Clara County ● Stanislaus County
Awarded "The Ten Most Dependable Litigation Attorneys of California" by Goldline Research
