Trade Secrets

Trade secret protection may arise when you have confidential information that provides a competitive advantage, often in the case of technical processes and specifications, formulas, business methods, software code, purchasing and pricing strategies, and customer data. Identifying trade secret assets and safeguarding them from inadvertent and unauthorized disclosures involves taking action, not only by implementing legal measures but also by establishing practical controls around how important confidential information is identified, maintained, accessed, shared, and used within an organization and its partners.

Leason Ellis works with our clients to establish procedures, protocols, and parameters to identify and protect trade secrets in ways that reflect how their businesses actually operate. We advise on confidentiality and non-disclosure agreements, internal policies, employee and contractor agreements, document management protocols, and strategies for managing sensitive information across platforms, teams and business partners. Our approach emphasizes establishing clear, defensible practices that reduce risk while supporting day-to-day business needs. Where appropriate, we also counsel on how a trade secret fits within a broader intellectual property strategy, including situations where protection may be better achieved through patents or other rights, and how to navigate a competitive landscape.

When disputes arise, we represent clients in cases involving actual and threatened trade secret misappropriation under the federal Defend Trade Secrets Act (DTSA) and state trade secret laws, as well as claims for breach of confidentiality obligations and related unfair competition claims. These matters often require swift, agile, coordinated action by attorneys with a technical understanding of the secrets at issue, often involving coordination with forensic specialists, to prepare the claim or defense and to appear in court. Our team investigates how information was accessed, whether its confidentiality was maintained, assesses the scope of potential misuse, and evaluates the availability of injunctive relief and monetary damages remedies. Throughout, we aim to protect our clients’ rights, respecting the value of sensitive confidential information, while pursuing effective, business-focused outcomes.