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Trade Secrets

Perceptive. Driven. Thorough.

Does your business keep secrets, perhaps in the form of a formula, process, program, business plan, design, procedure, or other know-how? Would your competitor find value in those secrets? Such financial, business, scientific, technical, economic, and engineering information, whether tangible or intangible, may be afforded protection as a trade secret under state or federal law.

At Rothwell Figg, we leverage our expertise in intellectual property law — as well as our attorneys’ technical and scientific backgrounds — to assist businesses in identifying and properly documenting information that may qualify as a trade secret and how such information may interplay with other forms of intellectual property protection, including patents, copyrights, trademarks, and trade dress. We advise on best practices for maintaining the secrecy of these valuable assets, including internal policies, procedures, and agreements, and we negotiate and draft contractual protections when trade secrets are shared with third parties.

When there is an unfortunate need for litigation, Rothwell Figg attorneys litigate trade secret disputes in state and federal courts under state common law, state trade secret statutes, and the Defend Trade Secrets Act. In recent years, Rothwell Figg has defended and brought trade secret actions in New Jersey, New York, Washington DC, Delaware, Texas, and California courts. These cases have often involved complex claims of unfair competition, breach of contract, misappropriation, conversion, fraud, as well as other intellectual property allegations.

Rothwell Figg has also led investigations of trade secret theft and espionage, including employee defection, and when to refer the matter to law enforcement.