St. Joseph trade secret attorneys Revision Legal, represent plaintiff and defendants in trade secret litigation. Through our office located in St. Joseph, Michigan, Revision Legal litigates trade secret issues throughout Southwest Michigan.
First, it is important to understand what law controls. Michigan has enacted the Michigan Uniform Trade Secrets Act (MUTSA). This law gives businesses the power to stop, or even prevent, the unauthorized release on business information.
Second, your business should understand what information constitutes a trade secret. Not all information within your business is protected by the MUTSA. In fact, the information that is protected is relatively narrow. For example, not all information that is considered “confidential” will be protected as a trade secret.
The formal, statutory definition is available at MCL 445.1902. In general, Michigan law defines a trade secret as information in a compilation, formula, program, or process that 1) is actively kept secret and 2) derives value from that secrecy.
Third, fitting the information of a particular case into the statutory definition can be difficult. Customer lists, customer data, and vendors lists, for example, may or may not be protectable trade secrets. For more detail, click here.
Fourth, how you treat your own information matters. For example, if you post customer lists on your website, you are not taking steps to protect that information. As a result, it will not be protected as a trade secret. The same applies for customer lists in your marketing materials and trade show materials.
If the information is readily available to the public, the MUTSA will not protect it as a trade secret.
St. Joseph trade secret attorneys Revision Legal have experience litigating trade secret cases. If your business is facing the reality of an ex-employee joining a competing business, and you are concerned with the use of information your business spent time and money building, Revision Legal can help.
On the other hand, if you must defend a claim for the misappropriation of a trade secret, Revision Legal can advise you on potential liability and the strengths and weaknesses of the case.
To learn more, or to schedule a consultation with our trade secret attorneys, contact Revision Legal today by completing the contact form on this page or by calling 269-281-3908.
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