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Understanding Trade Secrets and How They Are Protected

6/9/2023

 
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​Daniel Chammas is an attorney based in Los Angeles, California. He graduated from Stanford Law in 1999 and has since worked as an attorney with various law firms in Los Angeles. Currently, Daniel Chammas works at Ford & Harrison LLP, handling various legal issues like wage and hour class actions and trade secret litigation for organizations.

Trade secrets are an organization's intellectual property containing confidential details about products and services. For example, formulas, special designs and processes, clientele lists, and inventions are some information companies can classify as trade secrets.

However, certain criteria must be met to classify any information as a trade secret. The first criterion is that the owner of the information has to prove that it has measurable commercial value because of its confidentiality. Next, the trade secret owner must prove they made conscious and consistent efforts to safeguard the information.

A company can protect its trade secrets by acquiring copyrights and patents or placing them under trademarks. They can also require their employees and other individuals with access to their trade secrets to sign contracts (such as non-disclosures, non-competes, and confidentiality agreements), preventing them from stealing or misappropriating whatever secrets they can access.

When a company has valid proof that its trade secrets have been accessed and taken by a person or another establishment without proper authorization, it can begin a legal process known as trade secret litigation to protect its interests. Organizations can also use litigation to seek reimbursement for any financial loss they suffer because of their trade secrets exposure.

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