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Trade Secrets Attorney

By Eric Misterovich

Revision Legal’s trade secrets attorneys are experts in trade secret law. Our attorneys have both prosecuted and defended against trade secret claims under the Uniform Trade Secrets Act, which has been adopted and modified by 47 states, the District of Columbia, Puerto Rico, and the US Virgin Islands.

A trade secret is “information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

  1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
  2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Misappropriation of a trade secret is the:

  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; or
    2. at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was
      1. derived from or through a person who had utilized improper means to acquire it;
      2. acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
      3. derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
    3. before a material change of his [or her] position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

Under the Uniform Trade Secrets Act, our trade secrets attorneys will identify your claims or defenses. Common trade secret defenses include:

  1. That the purported trade secret is not, actually, a trade secret;
  2. That the purported trade secret has not been misappropriated; or
  3. That the purported trade secret was not acquired by improper means.

If your trade secrets have been stolen, or if you are involved in a trade secret matter, including a trade secret lawsuit, contact our expert trade secrets attorneys today at 855-473-8474 or complete the contact form to your right.

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