Stealing Trade Secret Taking Photo

Protection & Litigation of Trade Secrets

David H. Schwartz, INC Feb. 21, 2023

Injunctive Relief, Monetary Damages & Employee Defense

Trade secrets can be challenging to protect because they are not registered like other intellectual property. Trade secrets, however, are often 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 recommends and implements strategies to protect trade secrets and defend employees accused of stealing trade secrets.

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 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 Rights and Repayment of Losses

When trade secrets are revealed either by inadvertent disclosure or theft, your business 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. David H. Schwartz will help your organization consider strategies for expeditious resolution, maximizing the recovery of business losses, and minimizing the possibility of further disclosure during litigation.

There are a number of remedies available for the violation or infringement of trade secrets:

Injunctions. David H. Schwartz can seek injunctive relief for employers or owners of trade secrets in order to deter those with insider information from further using or revealing 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 H. Schwartz has dealt extensively with employer-employee noncompete agreements and situations where employees are accused of disclosing or stealing trade secrets for businesses throughout Alameda County and San Mateo County. Frequently, disagreements can be handled outside of court through negotiation. Since litigation may serve to exacerbate the 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 expeditious and positive resolutions.

Contact the Law Offices of David H. Schwartz, INC., to schedule an initial consultation.

Business tort litigation is often won or lost early in the case, at the injunction stage. The firm of The Law Offices of David H. Schwartz, INC., will act expeditiously to protect your interests and obtain injunctive relief.

We Protect Your Trade Secrets

Attorney David H. Schwartz is an experienced San Francisco trial lawyer practicing in complex commercial litigation for over 45 years. From his law firm, located at the edge of the San Francisco Financial District by Jackson Square, he represents plaintiffs and defendants in cases involving the misappropriation of trade secrets. To schedule a consultation, contact the firm through this website or call the number on this page.