Disclosure of trade secrets is a civil wrong known as "trade secret misappropriation." While a lawsuit may or may not be necessary, acting slowly or without a full understanding of all your rights is ill-advised. Current law strictly prohibits people from taking, using and exploiting other people’s trade secrets. Trade secret misappropriation is the civil term for theft of information. So, if anyone who is unauthorized to do so releases a trade secret, they may be liable for trade secret misappropriation.
Judges evaluate three specific issues when deciding whether trade secret misappropriation has happened. First, the judge will determine whether the business owner ensured “limited access to, and/or physically segregated the information.” This means that you took measures to make sure that only authorized employees knew of the information.
The second issue considered by the court is whether there were confidentiality agreements for those privy to the information. A confidentiality agreement is a contract between the business and the employee that all information obtained cannot be shared with anyone else.
The third requirement is that any documents relating to the trade secret are marked with warnings and reminders of their confidentiality. In other words, any memos, emails or business documents given out relating to the trade secret must have a warning stating “Confidential Information.”
The law is committed to protecting trade and industrial secrets. There are both monetary and equitable forms of relief available for trade secret misappropriation. Monetary relief includes:
Trade secret misappropriation is a serious tort. Your case should always be handled by an attorney to completely protect your rights.