Trade Secrets
Intellectual Property and Technology | Trade SecretsOur Trade Secrets practice helps companies protect confidential business information through protection programs, employment agreements, and enforcement of trade secret rights when misappropriation occurs.
Overview
Protecting Confidential Business Information
Trade secrets protect valuable information that derives value from secrecy, including formulas, processes, customer lists, and business strategies. MC Law's Trade Secrets practice helps companies establish protection programs and enforce rights when misappropriation occurs.
Protection Programs
Effective trade secret protection requires systematic programs. We help clients identify and classify trade secrets, implement access controls, establish confidentiality policies, and create documentation practices that support enforcement.
Employee Measures
Employees are often the greatest trade secret risk and protection resource. We draft confidentiality agreements, invention assignment provisions, and reasonable restrictive covenants.
Litigation
When misappropriation occurs, we act quickly and decisively. We pursue claims under the Defend Trade Secrets Act and state trade secret laws, seeking TROs, preliminary injunctions, and damages.
Our Services
intellectual_property_and_technology
Federal registration and validity opinions
patent_counseling_transactions
Federal registration and validity opinions
labor_and_employment
Federal registration and validity opinions
litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Information that derives economic value from not being generally known and is subject to reasonable efforts to maintain secrecy. This includes formulas, processes, customer lists, and business strategies.
Trade secrets can last indefinitely as long as secrecy is maintained. However, protection is lost immediately if information becomes public through disclosure or independent discovery.
Measures depend on context but typically include confidentiality agreements, access controls, physical and technical security, employee training, and appropriate marking.
Yes, the federal Defend Trade Secrets Act and state laws provide remedies including injunctive relief, damages, and potentially attorneys' fees. Criminal prosecution is available for serious violations.
Patents require disclosure and last 20 years but protect against independent development. Trade secrets have no disclosure requirement and can last indefinitely but offer no protection against independent discovery.
Preserve evidence, investigate carefully, consult counsel immediately, and consider whether expedited court relief is needed. Act promptly but measured.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
