The majority of States in the United States abide by the Uniform Trade Secrets Act (“UTSA”), which has some variations as adopted by the individual states. In California, the UTSA starts at California Civil Code § 3426 et seq.
Mr. Kar has represented clients on both sides of this issue including subsidiaries of public entities, mid- and large-private companies, as well as individuals, for prosecution and defense of UTSA claims. A trade secret is a piece of confidential business information protected by a company or person about how their business operates or product is made or comprised. One of the best examples of a trade secret is the coca cola recipe for which has been hidden and never registered as a chemical patent or other intellectual property, and has been protected as a trade secret by courts around the world.
Because such information is generally unknown to competitors and the public, it sometimes holds a high commercial value, but, sometimes only for a short-time period which business people and companies make great efforts to harness for profit reasons. When an interloper interferes and steals a trade secret or is accused of stealing a trade secret, it gives or takes away a hard earned competitive advantage that our laws take special recognition of and protect. The UTSA and other laws protecting trade secrets provide for remedies and penalties for successful claims, including when a former or current employee or partner take the trade secrets, formulas, programs, techniques, patterns, or secret devices, for their own.
Even secret business plans and plans for prototypes are guarded by the law with UTSA protections, including for example:
- Business or marketing strategies and plans
- Manufacturing processes
- Vendor or supplier lists or customer lists
- Financial data
- Distribution methods
- Schematics and drawings
- Commercial confidences and Ideas
If someone has improperly taken or obtained your trade secrets, or if you are accused of these type of claims, you will need an experienced attorney like Mr. Kar to measure the facts and law of the claim for Misappropriation of Trade Secrets and Violation of the Uniform Trade Secrets Act, among other legal claims this firm has been employed in the past to successful try.
Notably, in the state of California, a trade secret infringement is a crime and can been brought as a claim in civil court for damages and penalties. Businesses or individuals who have experienced harm as a result of trade secret violations also have the right to seek injunctive relief and damages for the losses they have experienced. Putting this firm on your side on any trade secrets claim, is a step in the direction of protection of your company, personnel, and valuable business assets.