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In Texas trade secrets lawsuits, can secrecy be protected?

On Behalf of | Sep 29, 2021 | Trade Secrets |

Texas individuals and businesses who have trade secrets must do whatever they can to protect them. Since these can be inordinately valuable and take a significant amount of time and work to formulate, another person or entity that steals it should be held accountable. Still, there are understandable concerns when filing a claim about a violation. One is if the secrets will be revealed as part of the case. For this and any other aspect of this area of the law, it is wise to have legal advice to know how to proceed.

Preserving business advantages

Those who are filing a case in which they say trade secrets protection was violated should know that the court will understand their concerns and take various steps to protect them. From the start, there will be a presumption favoring protective orders to keep the trade secrets private. That can include any confidential information being limited to only legal representatives and experts involved in the case. The records might be sealed and anyone who is part of the case could be ordered not to disclose trade secrets before getting approval from the court.

With parties who can take part in the case and assist legal counsel, these individuals might be excluded or limited in access to the trade secrets. The court will weigh certain factors to make its decision including the trade secret’s value; how much competitive damage might be suffered if the trade secret is revealed; if the owner of the trade secret asserts that the other party already has the trade secret; if the defense would be limited by a lack of access; and the stage of the action.

Having comprehensive assistance is essential when protecting trade secrets

Given the potential value of ideas, inventions, innovations and creations, trade secrets are always vulnerable to those who might try to use them for their own interests and do so illegally. Protecting trade secrets can extend to a case in which restitution is sought. Knowing how the courts will address protecting trade secrets is just one part of a case. For assistance with these issues, it is useful to have professional guidance to know what steps to take in achieving a positive result.