Antitrust, Trade Secrets and Unfair Competition
In today's highly competitive business environment, almost anything that provides an edge over one's rivals can be a "Trade Secret." This includes information commonly considered to be subject to protection such as customer lists, the identities and purchasing preferences of customer contacts, pricing, marketing strategies, and the identity and compensation of key employees. However, it can also include such unusual items as the names and addresses of patients and specific information about particular patients. Thus, virtually any business or profession may be able to assert a claim that some aspect of their operation includes "Trade Secrets."
The Firm's attorneys have advised a variety of businesses and professions on how to develop and maintain "Trade Secret" protection for certain aspects of their operations. The Firm's attorneys also successfully have represented businesses and professionals in litigation which involved "Trade Secrets" and have been successful both at protecting trade secrets in appropriate cases and in defending former employees and their new employers accused of misappropriating trade secrets.
In one recent case, the Firm represented an oncologist against a former associate who had solicited the patients of the practice following his dismissal. The former employer obtained a verdict of $1,267,000 against the former associate based, in part, upon a finding of misappropriation of confidential patient information.
"Unfair Competition" can include aspects of "Trade Secret" protection, but it is a much broader concept that includes what might generally be considered claims for antitrust or unfair business practices. The Firm's attorneys successfully have represented a wide variety of businesses, professionals and insurers in actions raising claims under the rubric of "unfair competition," including claims alleging unfair insurance practices as well as claims under the Consumer Legal Remedies Act.