In today’s competitive business landscape, trade secrets are often a company’s most valuable assets. These confidential pieces of information, ranging from formulas and designs to customer lists and marketing strategies, provide a critical edge in the marketplace. California law recognizes the importance of protecting trade secrets. Additionally, they offer robust legal recourse for businesses that fall victim to misappropriation. At KAASS LAW, we dedicate on safeguarding the intellectual property of businesses and helping them defend their trade secrets from unfair competition. The following will explore the complexities of trade secret misappropriation in California, outlining the legal framework, the elements of a claim, and the available remedies. These types of secrets you want to hold close to your chest!
According to Civil Code Section 3426.1(b)(1) under California law, “misappropriation” refers to the acquisition of a trade secret by а person who knows or has reason to know that the trade secret was acquired by improper means, such as bribery, theft, misrepresentation, breach or inducement of a breach of duty to maintain secrecy.
According to Civil Code Section 3426.1(b)(2), misappropriation also includes the disclosure or use of a trade secret without consent by a person who used improper means to acquire knowledge of the trade secret.
According to CACI 4401, to establish the claim of trade misappropriation, the plaintiff must be able to establish all five elements:
According to CACI 4402, each of the following elements must be present in a “trade secret”:
California Labor Code Section 2860 expressly establish that the employer owns trade secrets created by an employee. Though, an employer wouldn’t own trade secrets created on an employee’s personal time without the use of employer’s materials.
A plaintiff must bring an action for misappropriation within three years after the misappropriation’s discovery. Or, alternatively, by the exercise of reasonable diligence, upon discovery.
In case of a successful claim, trade secret owners can:
At KAASS LAW, we understand the critical role that trade secrets play in business success. Our experienced attorneys can help you:
Trade secret misappropriation can have devastating consequences for businesses, leading to financial losses, reputational damage, and loss of competitive advantage. If you’re concerned about protecting your trade secrets or believe that your trade secrets have been misappropriated, contact KAASS LAW today for a consultation. We’re here to help you safeguard your valuable intellectual property and ensure your business thrives in a competitive marketplace. Additionally, we also help with any partnership and shareholder disputes, so give us a call for any further legal inquiries!
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