Some Secrets Should Never Find an Audience

Trade Secrets

Formulas. Algorithms. Contacts. Recipes. Lists.

Certain aspects of your business are best kept secret. But threats lurk in every corner: rogue employees, unscrupulous vendors, corporate spies.

Our attorneys can help formulate policies and procedures to help protect your critical know-how. By implementing procedural and physical safeguards, NDA execution and auditing, and robust enforcement practices, it is possible to achieve protection for your trade secrets.

We are also experienced in trade secret enforcement, including cease-and-desist orders, take-down notices, restraining orders, litigation, and arbitration.

Our Trade Secret Expertise

Enforcement

When trade secrets are misappropriated, immediate action is needed to mitigate potential damages. Our attorneys will initiate or respond to take-down and cease-and-desist requests, handle requests for immediate relief, and formulate a longer-term strategy. Often, an immediate response can reduce the need for protracted litigation or court intervention.

Litigation & Arbitration

Our attorneys have significant experience initiating and defending trade secret claims, including those resulting from unscrupulous vendors, spurned business partners, and transitioning personnel. Whether you’re in need of enforcement or defense, we can help. 

Strategic Planning

Protection is not one-size-fits-all. We can help you decide the right approach for your industry and specific business needs. And we can develop programs to ensure that your trade secrets will qualify for protection, and that appropriate measures are in place, including: non-compete, non-solicitation, and non-disclosure agreements.

Representative Cases & Clients

Silicon Space Technologies v. eSilicon Corp. Represented Silicon Space Technologies in trade secret misappropriation and copyright infringement cases, which settled favorably for Silicon Space Technology as the trade secret case was being prepped for trial.

The Whipsaw Group v. Network Appliance Corp.  Represented NetApp in a trade secret misappropriation case in which Defendants alleged that NetApp misappropriated the idea for its flagship product from plaintiff’s business plan. Case settled very favorably to NetApp after summary judgment hearing.

The attorneys at Bunsow De Mory have a keen sense of how to achieve larger business objectives where other firms fail.

V.P. & General Counsel Counsel

NASDAQ-Traded Technology Company

Carolina Coupon Clearing, Inc.  (“Inmar”) v. Cardinal Health.  Currently representing Inmar in a trade secret misappropriation, breach of contract, fraud and unfair competition case in the Middle District of North Carolina..

Seagate Technology LLC v. Western Digital Corp. Represented Seagate in trade secret misappropriation action involving theft of trade secrets by former employee and use by competitor. Helped expose cover-up and fabrication of evidence leading to an arbitration award in excess of $500 million, which the Minnesota Supreme Court upheld on appeal.

Photo Credits: Lloyd DirksDmitri PopovEdu Lauton, Michael Bryson, Patrick Tomasso, and Helloquence, all via Unsplash.

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© 2017 Bunsow De Mory Smith & Allison LLP

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