New York City Trade Secrets Lawyer

Trade secrets are protected under both federal and state laws. The Defend Trade Secrets Act of 2016 (DTSA) allows U.S. companies to protect against and remedy misappropriation of trade secrets in federal court.

While most states have adopted some version of the Uniform Trade Secrets Act (UTSA), these laws tend to differ somewhat from state to state in their application. Since federal trade secret law does not preempt state trade secret law, concurrent state and federal trade secrets claims ay be considered.

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What is Considered a Trade Secret?

A trade secret is information, formulae, patterns, compilations, programs, devices, methods, techniques, or processes that have economic value because they are not generally known by others.

How Our New York City Lawyers Can Help Protect Your Trade Secrets

Unlike patents, trademarks, and copyrights, trade secrets are not protected by applying for registration with a government or state office. Our New York City trade secret lawyers can help you understand and identify your company’s trade secrets and assist in the development of procedures for maintaining the confidentiality of your trade secrets.

Trade Secret Misappropriation

The Defend Trade Secrets Act of 2016 (DTSA) defines trade secret misappropriation as follows:

  1. Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
  2. Disclosure or use of a trade secret of another without express or implied consent by a person who:
    1. Used improper means to acquire knowledge of the trade secret;
    2. At the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was:
      1. Derived from or through a person who had used improper means to acquire the trade secret;
      2. Acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or
      3. Derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or
  3. Before a material change of the position of the person, knew or had reason to know that:
    1. The trade secret was a trade secret; and
    2. Knowledge of the trade secret had been acquired by accident or mistake.

Trade Secret Disputes

To bring a claim for trade secret misappropriation, the owner of the trade secret must adequately allege why the information that has been misappropriated qualifies for trade secret protection. To meet this burden the owner may need to disclose confidential information in the complaint. This disclosure may be done “under seal” to avoid further public disclosure.

Under the DTSA, claims for trade secret misappropriation must be brought with three years from when the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.

Trade Secret Counseling

There are times when a patent or copyright is not the most appropriate form of protection. Where patents require full disclosure, trade secrets require a certain level of secrecy. Our lawyers assist clients in identifying and defining trade secrets, and counsel on developing and maintaining trade secret protocols. This includes dealing with trade secrets in situations involving confidentiality and non-disclosure agreements and in employment scenarios.

Strategic Planning for Trade Secrets

The ideal strategy for protecting trade secrets is to implement reasonable measures for maintaining their secrecy. Whether the measures taken are reasonable depends upon the context, i.e., the nature and value of the trade secret, the industry, and the environment in which the trade secret exists.

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets.

Consult a New York City Trade Secrets Lawyer

The theft or misappropriation of trade secrets can be a serious legal and financial risk for businesses, and companies must take appropriate measures to safeguard their confidential information. Our trade secrets practice includes counsel, strategy, enforcement, and defense.

Book a meeting with one of our New York City Trade Secret Lawyers.

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Trademark FAQs

How Long Does it Take to Get a Trademark Approved?

A trade secret is entitled to protection for as long as it is kept a secret. Can You Sell or License Trade Secrets? Trade secrets are intellectual property rights that may be sold or licensed. Can Multiple People Hold Trade Secret Rights to the Same Information? It is possible for multiple entities to own rights to the same trade secret if both independently developed that technology and both take reasonable steps to keep it a secret, as long as the technology is not generally known. Joint ownership of a trade secret is also possible where a trade secret is the result of joint research or development by more than one entity.

Can You Sell or License Trade Secrets?

Trade secrets are intellectual property rights that may be sold or licensed.

Can You Sell or License Trade Secrets?

It is possible for multiple entities to own rights to the same trade secret if both independently developed that technology and both take reasonable steps to keep it a secret, as long as the technology is not generally known.

Joint ownership of a trade secret is also possible where a trade secret is the result of joint research or development by more than one entity.