Trade Secrets

Trade Secret Protection and Enforcement

Trade secrets are unique intellectual property (IP) assets in that they are not eligible for any form of registration; and, unlike trademarks, copyrights and patents, they derive their value from being kept out of the public eye. As a result, companies must take comprehensive measures to protect their trade secrets’ confidentiality; and, if a breach of confidentiality occurs, they must react swiftly in order to avoid losing their proprietary rights.

Our firm provides comprehensive legal representation for the protection of trade secrets and other forms of proprietary information. We counsel clients on appropriate legal, physical and technological means for protecting trade secrets, and we pursue injunctions and other legal and equitable remedies when our clients’ trade secrets are disclosed. We also represent clients in negotiations with vendors, licensees, assignees and other third parties in transactions that necessitate disclosure of proprietary information.

Protecting Trade Secrets Against Disclosure and Misappropriation

We provide a variety of services focused on helping to protect our clients’ trade secrets against disclosure and misappropriation. These services include:

• Assessment of existing physical and technological protections to identify potential threats to trade secret protection;
• Negotiation of contracts with IT infrastructure, managed services, data security providers and other third-party providers for on-site security; and,
• Assistance with the implementation of new physical and technological systems to ensure adequacy of trade secret protection.

Negotiating Agreements Involving Access to Trade Secrets

In addition to negotiating agreements with IT and physical security vendors, we also provide representation for the negotiation of licenses, assignments, employment agreements, independent contractor agreements and other agreements involving access to trade secrets. When drafting and negotiating contracts for transactions which will result in third parties gaining access to our clients’ trade secrets, we place particular emphasis on issues such as:

• Ensuring appropriate apportionment of liability through indemnification;
• Providing access to financial remedies through insurance requirements and stipulated remedies;
• Expressly prohibiting sublicensing and third-party access to our clients’ trade secrets; and,
• Establishing jurisdiction and venue for seeking injunctive relief if necessary.

Enforcing Trade Secret Protections in Court

If an employee or contractor has wrongfully disclosed your company’s trade secrets, or if a third party has misappropriated trade secret information, promptly seeking relief in court can be critical to mitigating the damage. In fact, if a company waits too long to prevent its trade secrets from becoming generally known to the public, any proprietary rights (and any market value associated with those rights) can be lost entirely. We represent clients in South Florida and other jurisdictions nationwide with regard to trade secret enforcement, seeking injunctive relief, damages, attorneys’ fees and other remedies under the Florida Uniform Trade Secrets Act and other states’ trade secret protection laws.

Speak With a Miami IP Lawyer in Confidence

If you need to speak with a lawyer about protecting your company’s trade secrets, we encourage you to contact us for a confidential initial consultation. To schedule an appointment with an IP attorney at Peretz Chesal & Herrmann, P.L., please call 305-341-3000 or tell us how to reach you online today.