Trade Secret Protection and Litigation

Every business has trade secrets – information and/or technology that it has developed that gives it a competitive advantage. In fact, the vast majority of intellectual property consists of confidential information and data that are not protectable under patent, trademark or copyright law. From technical secrets, such as complex software programs, to formulas, to non-technical trade secrets such as customer lists, price lists and other financial information, Arnall Golden Gregory’s Trade Secret Practice stands ready to move, at a moment’s notice, to protect our client’s secrets or, as the case may be, to defend against claims of misappropriation. AGG litigators have obtained temporary, preliminary and permanent injunctive relief to prevent the loss of trade secrets.  AGG was one of the first firms to use an ex parte seizure, not to seize goods, but to seize and thereby preserve electronic evidence. Over thirty litigators have experience in trade secret litigation, many of whom concentrate solely on IP litigation.

When it comes to trade secret protection, an ounce of prevention is worth at least a pound of cure. AGG’s trade secret practice provides clients with practical protection programs -  tailored to their specific business needs, corporate structure and corporate culture - to ensure that confidential information remains protected. We also conduct “preventative maintenance” for companies in order to avoid a possibility that secrets leave with key employees or that they are unwittingly disclosed to competitors. This includes on-site seminars, and regular updates. We also take an active part in the negotiation and drafting of nondisclosure and confidentiality agreements.

AGG’s IP Handbook, available to all clients, provides simple, yet detailed suggestions for a trade secret protection program. In addition, AGG’s trade secret practice can help clients not only define their protected trade secrets but value them. 

AGG’s counsel can provide insight into risk management with regard to trade secrets, can assist corporate due diligence during sales and acquisitions and have handled countless trade secret licensing arrangements.

AGG’s familiarity with the law does not only extend to civil penalties but various criminal statutes including the Georgia Fraud Abuse Act, the Georgia Computer Systems Protection Act, and the Economic Espionage Act of 1996 and related statutes.