Litigation and Trade Secrets
Before we talk about trade secrets, we need to talk about the Hopkins Centrich litigation philosophy:
When you have a serious legal issue that seems destined for a lawsuit, there is one thing you need to hear from your attorneys: “We will tell you the truth even if it’s unpleasant.”
That’s hard for a lot of lawyers to do because the last thing a client wants to hear is, “You don’t have a case,” “It’s time to pull the plug and walk away,” or “It’s not worth the expense just to prove you’re right.”
You need to know because you need to do whatever is best for your business. And to do that you need straight facts.
Hopkins Centrich PLLC gives you the facts . . . along with cutting edge, high quality, creative legal solutions to businesses in The Woodlands and beyond.
Trade Secrets in Closely Held Companies
Here are some examples of trade secrets that a business may seek to protect:
Formulas and recipes - Such as a food, beverage, medicine, chemical, or cosmetics formula. Product specifications fall into this category too.
Technical knowledge - Manufacturing processes, engineering drawings, source code, semiconductor chip designs, and other technically complex proprietary information.
Customer lists and data - Especially for businesses with consumer sales, customer contact info, preferences, and buying history can be valuable.
Pricing information - Wholesale pricing, discounting, and negotiated contract pricing terms.
Business strategies - Internal strategic plans around new products, marketing, acquisitions, expansions, etc.
Supplier info - Details on key suppliers, pricing, and non-public contract terms.
Creative works - New designs, writings, artwork, and publications before public release.
Financial data - Projections, profit margins, R&D budgets, and other non-public financial details.
Market research - Competitive intelligence, focus group testing results, and proprietary market analyses.
Please note: to qualify as a trade secret, the information must be treated as confidential and provide economic value from its secrecy. Robust policies and security procedures should protect trade secrets, the absence of such protections may mean the loss of consideration of being a trade secret.
Trade Secret Litigation
Trade secret litigation can arise when a company alleges misappropriation or theft of confidential proprietary information. Key aspects of trade secret lawsuits include:
Identifying the trade secrets - The plaintiff must specify the particular trade secrets at issue such as formulas, technical data, customer lists, business strategies, etc. These are typically described in general terms.
Demonstrating value and secrecy - The plaintiff must establish the economic value of the trade secrets to the company and the efforts made to keep them confidential.
Employee disputes - Lawsuits often arise when ex-employees are accused of misappropriating trade secrets they acquired on the job.
Breach of contract claims - If the secrets were shared under NDA, claims may include breach of the confidentiality agreement.
Former business partners - Companies sometimes sue former business partners who had access to secrets for misuse of proprietary information.
Improper acquisition tactics - The plaintiff must show the defendant improperly acquired the trade secrets rather than through public domain, independent creation, or reverse engineering.
Use or disclosure - There must be reasonable evidence that the defendant actually used the trade secrets without authorization.
Harm - The plaintiff should demonstrate actual harm from loss of competitive advantage due to the trade secret theft.
Remedies sought often include injunctive relief, royalty payments, and monetary damages.
Hopkins Centrich, Your Law Firm For Trade Secrets
Hopkins Centrich PLLC provides cutting edge, high quality, creative legal solutions for business owners in Texas Our attorneys and staff have decades of experience in virtually every aspect of business law in The Woodlands and Texas. We have designed and incorporated businesses, managed their every legal concern, engaged in litigation on their behalf, aided with mergers and acquisitions, managed mergers, acquisitions, and sales.
Hopkins Centrich knows Texas business law. We are uniquely positioned to help shareholders when they have amble cause to believe their rights are being violated. When we work with a client, our sole focus is on them. We take advantage of everything technology has to offer in order to optimize how we work. That gives us more time to spend with you, more time to understand the issues, more time to negotiate and prepare for trial.
We get that no one wants to contact a law firm unless they feel they absolutely have to. When they do, it almost always means that ‘things have reached a head.’ The attorneys and staff of Hopkins Centrich understand what you are going through. We will make the process understandable; you will know what is happening with your case every step of the way, you will never have to track us down for answers.
How We Work
Hopkins Centrich is a team with a deep bench. All our attorneys have extensive litigation experience which they fully use when called for.
Hopkins Centrich’s attorneys all have ‘big firm’ backgrounds. They formed our firm with the goal of keeping the best of those firms while employing far more personal experience for our clients.
We do this by using technology to its fullest. We will make use of every cutting edge legal and business technology and methodologies to ensure that we will continue to deliver the highest quality legal services to our clients while allowing us to respond promptly and efficiently to client needs, exceed project requirements, operate effortlessly with narrow timeframes, and develop innovative and flexible legal solutions at competitive fees.
We are creative. We are agile. We quickly adapt to rapidly changing circumstances, including changes in the law.
Our vision statement may sum it up best. We will deliver highly skilled, ethical, and aggressive legal representation to every client by:
Responding promptly to our clients’ needs;
Anticipating business and legal trends that may affect our clients;
Managing our clients’ matters in an efficient, caring, and proactive manner;
Communicating regularly and clearly with our clients