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If you have received a demand letter
threatening a lawsuit or have been
served with notice of a lawsuit based on
a claim of misappropriation of trade
secrets, here are some important steps
you should immediately take:
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Contact one
of our trade secrets litigation
attorneys who will advise you of
your rights and help you prepare
a timely response to the
plaintiffs petition.
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Determine
when a response to the lawsuit
is due. If you do not file your
response in time, the plaintiff
may be entitled to a default
judgment against you even if you
were not otherwise at fault.
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Gather all
information and documentation
related to the case.
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Conduct an
internal investigation to
determine the facts of the
situation.
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Direct your
employees to cease communicating
with the plaintiff.
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Ensure that
all communication with the
plaintiff is conducted between
your attorney and the
plaintiffs lawyer.
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WHAT IS
A TRADE SECRET?
A trade secret is any formula, practice,
pattern, process, instrument, device, or
compilation of information which is used
in one's business
which is not generally known or
reasonably ascertainable
and which gives the business an opportunity
to obtain an advantage over competitors
who do not know or use it. Trade secrets
may include such things as: business
methods, computer programs, chemical
formulas, customer lists, know-how,
manufacturing procedures, pricing data,
marketing information, technical
information, and supplier lists.
CASE EVALUATION: MISAPPROPRIATION OF
TRADE SECRETS
When you contact us, our attorneys will
evaluate the merits of the plaintiff's
case and claims against you. Based on a
review of the facts and the documents
and records, we will analyze whether the
plaintiff can establish the elements of
a cause of action for misappropriation
of trade secrets including the following
facts:
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Plaintiff
owned a trade secret.
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Defendant
used or disclosed the trade
secret in violation of a
confidential or contractual
relationship with the plaintiff,
after acquiring the trade secret
by improper means, or after
acquiring the trade secret with
notice that the disclosure was
improper.
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The use or
disclosure of the trade secret
injured the plaintiff.
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GOING ON THE OFFENSIVE: COUNTERCLAIMS
AND
CROSS-CLAIMS
Even though you have been sued, you may have
significant claims of your own against
the plaintiff. As we evaluate the facts
of your case, we will determine if you
should file a counter-suit against the
plaintiff in the form of a counterclaim.
In other instances, it may be
appropriate to file a cross claim
against another party to the lawsuit,
such as a co-defendant. We will
vigorously prosecute your counterclaims
at trial, or leverage those
counterclaims to negotiate a favorable
pre-trial settlement.
OUR APPROACH TO HANDLING LAWSUITS
When you contact us, our attorneys will:
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Evaluate the
merits of the plaintiff's case
and claims against you,
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Determine
your legal rights, as well as
available defenses,
counter-claims and cross-claims,
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Determine
if you are subject to
jurisdiction in the State of
Texas,
and
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Develop a
legal strategy for responding to
discovery and for successfully
resolving the dispute through a
motion for summary judgment or
dismissal, negotiating a
positive outcome through a
settlement, or defending your
rights in a court of law.
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CONTACT US
To speak to an attorney about a trade
secrets dispute, please contact
us here,
or call 713.650.9700.
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