New York Trade Secret Attorneys

Representation for Trade Secret Matters in NY

Horn Wright, LLP is a leading law firm specializing in trade secret protection and litigation. Our attorneys provide comprehensive legal representation for businesses in New York facing trade secret disputes. Whether you need help identifying valuable trade secrets, establishing protective measures, or pursuing legal action for misappropriation, we are committed to safeguarding your confidential business information and protecting your competitive advantage.

Contact us today for a free consultation. Our NY trade secret attorneys will help you protect your business's most valuable assets.

What are Trade Secrets?

Trade secrets are confidential business information that provides a company with a competitive advantage. This can include formulas, processes, designs, customer lists, marketing strategies, or other proprietary information that is not publicly known. To qualify as a trade secret, the information must be valuable due to its secrecy, and the business must take reasonable steps to keep it confidential. Unlike patents or trademarks, trade secrets are not registered with a government agency and can remain protected indefinitely as long as they are not disclosed. If someone unlawfully acquires or discloses the trade secret, the owner can pursue legal action for trade secret misappropriation under state or federal law.

What Qualifies as a Trade Secret, and How Do I Protect It?

A trade secret must be information that is valuable because it is not generally known and is subject to efforts to keep it secret. This can include formulas, methods, business strategies, customer data, or manufacturing techniques. To protect a trade secret, a business must take reasonable steps to maintain its confidentiality. This can include requiring non-disclosure agreements (NDAs) for employees and contractors, limiting access to the information, using password protection and encryption for digital data, and marking confidential documents as proprietary. Unlike patents, trade secrets are not registered, and protection can last indefinitely as long as the information remains secret. Consulting a trade secret attorney helps ensure proper measures are in place.

How Do I Know if My Business Has Valuable Trade Secrets?

Your business may have valuable trade secrets if it possesses confidential information that gives it a competitive advantage and is not generally known to the public or competitors. This could include formulas, processes, marketing strategies, customer lists, or business plans that provide an edge in the marketplace. To determine if something qualifies as a trade secret, assess whether the information is valuable due to its secrecy and whether you take reasonable steps to protect it. If losing control of the information would harm your business, it is likely a trade secret. Consulting a trade secret attorney can help identify valuable trade secrets and establish protective measures.

How Do I Prove Ownership of a Trade Secret in Court?

To prove ownership of a trade secret in court, you must show that the information qualifies as a trade secret and that you took reasonable steps to protect it. This involves demonstrating that the information is valuable, not generally known, and subject to confidentiality measures. Evidence includes non-disclosure agreements (NDAs) with employees and third parties, internal policies restricting access to the information, and security measures such as encryption, locked storage, or restricted digital access. You must also show that the trade secret was misappropriated—either by improper acquisition, disclosure, or use. Proper documentation and consultation with a trade secret attorney are critical for proving ownership and misappropriation in court.

Protecting Your Confidential Business Information