Have a Trade Secret, Non-Compete or Confidentiality Dispute?

Let Our San Diego Employment Lawyers Help

Because of the nature of confidential information, California laws surrounding trade secrets, non-compete, and confidentiality disputes can be extremely complex.  If you are an employer who:

• Suspects a former employee has improperly used or disclosed company trade secrets;
• Or if you have recently hired an employee who has used another company’s trade secrets to your advantage;
• Or if you are an employer being threatened by an employee;
• Or if you are an employee being threatened with enforcement of such agreements,

You should consult with an experienced San Diego employment lawyer.

Trade Secret Disputes & Potential Breach of Confidentiality

A trade secret is defined as any information that provides a business with a competitive advantage.  Trade secrets include not only designs for new technology, but also information in the form of a plan, process, formula, pattern or software, so long as such information is valuable and is kept secret from the general public.  Trade secrets are protected in California by the California Uniform Trade Secrets Act [USTA].

If a company takes reasonable measures to protect its trade secrets, anyone who improperly acquires, uses or discloses that information can be held liable for misappropriation.  Trade secret disputes most commonly arise in the employment context when an employee physically takes or copies an important piece of information, or when a former employee discloses confidential information to a new employer.  The new employer can then be held liable for the misappropriation of trade secrets if it knew or should have known of the employee’s wrongdoing.

Disputes Regarding Non-Compete Agreements

Non-compete agreements are the subject of a great deal of controversy in California.  A non-compete agreement is an employment contract that prevents an employee from working for a competitor.  Typically, such agreements are considered to be void, but even when valid are only effective for a set amount of time after the termination of the employment relationship.  Non-compete disputes arise, however, when an employee violates a valid agreement by working with a competitor within the prohibited time frame.  While non-compete agreements typically are not enforeceable, an employee while still working for an employer owes the employer a duty of loyalty   In certain cases, an injunction may also be issued that prohibits a former employee from disclosing any of the employer’s trade secrets.

Providing Representation to Both Employers and Employees

At Pope, Berger & Williams, LLP, we have years of experience representing both employers and employees with their employment claims, whether they be individual claims or class action suits, trade secret or non-compete agreements. If you need assistance with a trade secret issue, a wage dispute or another employment issue, contact a San Diego employment attorneys at our firm today.