Trade Secret Litigation

A Winning Approach to Noncompetition and Trade Secrets Claims

Litigation arising from a business sale or the end of an executive employment relationship often focuses on claims and defenses related to contractual or severance terms on trade secrets, nonsolicitation or noncompetition. Sometimes questions also arise as to the ownership of intellectual property such as software, service marks or copyrights.

At Callahan & Blaine, our seasoned trial attorneys can develop and execute a comprehensive litigation strategy that covers the full range of the issues that may develop from the purchase of a company or the departure of a key employee. Contact us in Santa Ana to learn how our approach to trade secrets and noncompetition litigation can make the decisive difference in your case.

Placing Trade Secret Claims in Their Broader Litigation Context

In our experience, claims for violation of noncompete covenants and trade secret clauses often arise as counterclaims when a business purchaser or former employer is sued for breach of sale or severance terms. Sometimes the action begins with a claim for damages related to a noncompetition agreement, and the broader contract issues are raised by the defendant.

While some litigation over these issues reflects a genuine threat to the value of a company's acquisition of a business division, customer list or proprietary processes, other trade secrets claims represent weak claims intended primarily to scare an adversary — often a former colleague or employee — into backing away from substantial contract or business tort allegations.

Either way, the lawyers of Callahan & Blaine know how to analyze, litigate and resolve business disputes that involve trade secrets or noncompetition claims. In most situations, especially when we're representing an individual alleged to have violated noncompete or data confidentiality terms, we can help you find insurance coverage to support your defense while pursuing your own affirmative claims.

Our investigation of trade secrets and severance claims will take us wherever the evidence leads us. In some cases, that can include complex federal antitrust or California unfair business practices claims that can dwarf the amount at stake in the original litigation.

Learn more about our creative approach to trade secrets litigation in Orange County and Southern California. Contact a trial attorney at the AV-rated* law firm of Callahan & Blaine in Santa Ana.

*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories -- legal ability and general ethical standards.

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