Protecting Trade Secrets for Business Success

Safeguarding confidential information is often critical to maintaining a competitive edge. Whether trade secrets involve customer lists, marketing strategies, unique formulas, or proprietary processes, understanding how to protect these valuable assets is essential for long-term success. Our experienced trade secrets lawyer in San Antonio can help you navigate this complex legal area.

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What Qualifies as Trade Secrets?

The legal definition of a trade secret can be found in the Texas Uniform Trade Secrets Act. It is any process or practice that is not generally known and gives the company an advantage over competitors. Trade secrets are often products of internal research and development. To be legally considered a trade secret in the U.S., it must have intrinsic economic value; it must contain information, and the company must make a reasonable effort to conceal it from the public. Trade secrets are intellectual property. Examples include software, algorithms, manufacturing techniques, formulas, and marketing plans. 

How Can Misappropriation of Trade Secrets Occur?

A business can suffer significant financial losses when trade secrets are misappropriated, as the information can be used for unfair competition in the marketplace. Misappropriation occurs when a person or entity unlawfully acquires, uses, or discloses a trade secret without consent from the owner. The following are some common trade secret misappropriation scenarios:

  • Former employee: An employee with access to sensitive information leaves the company and takes trade secrets to a competitor.
  • Business partner: Under the assumption of confidentiality, a company may share trade secrets with business partners, such as suppliers or vendors. Misappropriation can occur if these partners disclose or use trade secrets for their benefit.
  • Competitors: In competitive industries, unethical tactics to obtain confidential information may include corporate espionage or hiring employees from a rival company. 
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What Are the Legal Remedies for Trade Secret Misappropriation?

Fortunately, Texas businesses have recourse under the law when trade secrets are stolen or disclosed without authorization. The following are possible legal remedies for trade secret misappropriation:

  • Injunctive relief: The court may issue an injunction to prevent further use or disclosure of trade secrets. It could stop a party from using misappropriated information or stop a former employee from working for a competitor. 
  • Compensatory damages: An injured party may seek damages as compensation for economic losses caused by misappropriation of trade secrets. These damages may include loss of profits and unjust enrichment gained by the infringing party. Alternatively, the plaintiff may be entitled to a reasonable royalty for unauthorized use or disclosure of a trade secret.
  • Exemplary damages: If a trade secret was “willfully and maliciously misappropriated,” you may be able to recover exemplary (punitive) damages of up to twice the amount of the actual damages awarded. 

How Can an Experienced Trade Secrets Lawyer Help?

Proactive legal strategies and skilled representation are necessary to protect your business’s trade secrets. Our seasoned trade secrets attorney in San Antonio can assist you in the following ways:

  • Prevention strategies: We can help you create and implement strong policies, employment contracts, and confidentiality agreements to safeguard your trade secrets. Prevention also involves ensuring employees, business partners, and contractors are aware of their legal obligations and the consequences of trade secret misappropriation.
  • Negotiations: Some trade secrets disputes may be resolved through negotiations or settlement. We can negotiate skillfully on your behalf and help pursue the most favorable outcome through settlement or trial.
  • Litigation: If a trade secret is stolen, we can work quickly to file for injunctive relief, damages, or other legal remedies.

At Scheuerman Law Firm, our board-certified San Antonio lawyer will advocate for your interests and pursue every legal avenue to protect your trade secrets. Whether you need assistance in safeguarding confidential information or legal representation in a dispute, contact us for strategic counsel and experienced expertise. 

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Tyler Scheuerman - Super Lawyers 2023
Board Certified - Texas Board of Legal Specialization
Martindale-Hubbell Peer Review Rated logo
AV Preeminent 2016 award
Super Lawyers Tyler Scheuerman - 15 years
American Board of Trial Advocates logo
Texas Bar College logo
State Bar of Texas logo

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