Trade Secret Disputes Attorney in Birmingham, Alabama

Trade secrets involve confidential business, financial, or technical information of a business or organization. As a business, your trade secrets give you an economic advantage or edge over your competitors. Disclosing, misappropriating, or using a trade secret without the owner's permission may result in serious damage to a business. If you find yourself in need of advice or counsel regarding a trade secret issue hiring an experienced Alabama commercial litigation attorney is crucial for detailed guidance.

John W. Clark IV is committed to providing knowledgeable legal guidance and strong representation to clients in their trade secret litigation. As your legal counsel, he can evaluate the surrounding facts of your unique situation, determine whether you have a case, and explore your possible legal options. If someone has misappropriated your trade secrets, John will fight diligently to protect your interests and help seek an injunction and damages. If you are accused of having stolen or misappropriated trade secrets, John can help defend a trade secret lawsuit and outline an effective defense strategy.

Clark Law Firm PC proudly serves clients in or around Birmingham, Alabama, as well as throughout Alabama and the Florida Panhandle.

Trade Secrets Under Alabama Law

According to the Alabama Trade Secrets Act, a "trade secret" can be described as information that:

• Is used or intended for use in a trade or business

• Is included or embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process

• Is not publicly known and is not generally known in the trade or business of the person asserting that it is a trade secret

• Cannot be readily ascertained or derived from publicly available information

• Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy

• Has significant economic value

As a business owner, taking reasonable efforts to maintain confidentiality of your trade secrets is important.

Reasonable Efforts to Maintain Secrecy

Trade secret owners are required to take reasonable measures to protect their trade secrets. Such "reasonable efforts to maintain secrecy" may include:

• Advising employees of the existence of a trade secret

• Limiting access to a trade secret to only those who need to know

• Putting contractual measures in place to protect trade secrets

• Implementing policies that mitigate trade secret misappropriation

• Reminding employees about their contractual obligations to avoid disclosing trade secrets

Also, you can create a detailed legal action plan to pursue damages for trade secret misappropriation or defend yourself or your business against trade secret lawsuits.

Misappropriation

A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:

• They discovered the trade secret by improper means.

• Disclosing or using the trade secret constitutes a breach of confidence reposed in that person by the other.

• They learned the trade secret from a third person but knew that the information was a trade secret.

The Alabama Trade Secrets Act prohibits misappropriation of trade secrets or acquiring trade secrets through improper means.

Improper Means

A person may not acquire a trade secret through "improper means," such as:

• Theft

• Bribery

• Misrepresentation

• Inducement of a breach of confidence

• Trespass

• Espionage through electronics

• Other deliberate acts taken to gain access to the confidential information or trade secret

A knowledgeable attorney can investigate the facts of your situation to determine if you may have a claim or may be liable to another party.

Available Damages

The following damages may be recovered by filing trade secret misappropriation claims:

• Lost profits

• Receipt of improper benefits received by the party misappropriating the trade secret

• Reasonable royalties

• Compensation for diminution in value caused by the misappropriation

• Attorney fees

• An injunction prohibiting the future use of the trade secret

An experienced attorney can fight diligently to protect your business interests and help you recover your deserved compensation.

The Role of Your Civil Litigation Attorney

Notwithstanding your best efforts, your trade secrets can be disclosed, misappropriated, exposed, or used without your consent. Should this occur, initiating litigation or seeking injunctive relief may be your next step. However, navigating trade secret lawsuits in Alabama, or anywhere else, can be difficult. Therefore, if you are involved in a trade secret dispute, it is important that you hire an experienced civil litigation attorney to review the facts of your situation and help you navigate key decisions.

John has the experience and resources to guide and represent clients in commercial litigation matters involving trade secrets. As your legal counsel, he can review every detail of your unique situation and enlighten you about your possible legal options. Whether you are trying to file a trade secret lawsuit for infringement or misappropriation, or defend you or your business against a trade secret lawsuit, John can offer you the knowledgeable legal guidance and strong advocacy you need to protect your rights and navigate intelligent decisions.