What are the ways to violate trade secrets?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What are the ways to violate trade secrets?

I am being accused of violating trade secrets. What are the ways I can be found guilty?

Asked on January 21, 2011 under Business Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were given access to a company's properietary information in some private way--for example,as an employee, where you should only use it for the company's benefit; or after signing some non-disclosure/confidentiality agreement; or because of your role doing some other work for the company in a way that establishes a relationship of trust (e.g. as an employee at the bank or their lawyer's office)--and then used those secrets yourself or passed them on to 3rd parties with no righty to them, you violated trade secrets. So if any facts like this can be shown, you committed the violation and could be sued.

Defenses would be:

1) you obtained the information from public sources (e.g. by "Googling" it), which means you did not get it improperly (and it's probably not a secret anyway)

2) when you were given the information, there was no indication it was secret, sensitive, or confidential, so you did not do anything wrong by using it or passing it along--though note that some information, like customer lists or future product plans, is usually considered to always be confidential and proprietary


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption