Trade Secrets

Trade secrets are classified or confidential information that a business can use to give it an economic advantage over competitors. Trade secrets can be formulas, information, designs, patterns, instruments, recipes, or processes that distinguish one brand from another. U.S. law defines a trade secret as something that is not known to the public, provides economic benefit to its holder, and requires secrecy to maintain its economic benefit.

Protecting Trade Secrets

Trade secrets can be protected through non-disclosure contracts with employees. These contracts help protect a company’s intellectual property. However, because there is no formal protection, information that is leaked or discovered can be duplicated by competitors.

Texas is one of only five states that have not ratified the Uniform Trade Secrets Act. This means that in Texas, trade secrets are not uniformly protected in the same way a patent or trademark would be. In Texas, trade secret law is based on civil law, and subject to the rulings of previous court cases regarding confidential information.

Under Texas law, a lawsuit may be brought against a person or company that obtains trade secrets through a breach of contract, theft, fraud, bribery, or hacking. If your trade secret is leaked through improper means, you have three years to file a claim.

We Fight to Keep Your Secrets

The McAllen, Texas trade secret attorneys at Guerra & Moore are prepared to help you file your claim and restore your rights to sensitive company information. To start this process, we can help you file for injunctive relief, disallowing the defendant from using and publishing your information until a court decision has been reached. We can also help you recover damages including any monetary losses your company has suffered, and all of the profits the defendant made from using your secret. If it is determined that your secret was obtained through willfully malicious means, we can also help you recover punitive damages.

These cases can be difficult to prove. With over 50 years of combined experience, we have the knowledge and expertise necessary to help you recover your damages and regain your market share.

If you have suffered economic losses due to a trade secret violation anywhere within the Rio Grande Valley, please contact the experienced South Texas trade secret attorneys at Guerra Moore Attorneys at Law to discuss your case today.