Our Experienced Lawyers Help Protect Your Trade Secrets
Assisting clients in Alameda County and the Tri-Valley
As a business owner, you've worked hard. Yet your confidential information may be compromised in an instant (possibly by your own employees) and your business could suffer.
Fortunately, the California Uniform Secrets Act (UTSA) protects valuable, secret company information. The experienced lawyers of Garcia & Gurney, ALC are well-versed in the provisions of the UTSA and are prepared to provide you with competent assistance in protecting your trade secrets.
California Uniform Trade Secrets Act
Trade secrets can be any information that is valuable and kept secret, including design layouts, client lists, spreadsheets and business plans. If this information is leaked, your business may be crippled and your competitors may gain an edge. The Garcia & Gurney, ALC attorneys can explain the UTSA to you and help you understand how it applies to your case.
The UTSA states that:
- (a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
- (b) If neither damages nor unjust enrichment caused by misappropriation are provable, the court may order payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
- (c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subdivision (a) or (b).
In the act, misappropriation is defined as acquiring the trade secret of another by a person who knows or has reason to know that the trade secret was acquired through improper means. Disclosure or use of the trade secret of another person without his or her implied constant is also considered misappropriation. A common example used to explain disclosure of trade secrets is an ex-employee who takes and uses the customer list of a former employer to solicit new clients.
Capable attorneys help keep your trade secrets safe
You rely on your trade secrets to run your business. If they are compromised, you need immediate and experienced legal counsel. At Garcia & Gurney, ALC, we provide prompt and trustworthy counsel regarding trade-secret disputes in and around Alameda and Contra Costa Counties. For help with an intellectual property, labor, employment, or other business law matter in the Bay Area, contact us today by phone at 925-468-0400 or online.