Trade Secrets
We help companies protect and enforce their most valuable confidential information, combining strategic counseling with decisive action in high-stakes trade secret disputes.
Summary
Procopio advises companies on protecting and enforcing trade secrets and other confidential information that often represent their most valuable business assets. We represent clients in high-stakes disputes and provide strategic counseling to prevent misappropriation, manage risk, and respond quickly when issues arise.
Our award-winning team has extensive experience handling trade secret matters in California state and federal courts, including the Northern, Central, and Southern Districts. We represent both plaintiffs and defendants in disputes involving employee mobility, competitor conduct, and complex commercial relationships, giving us a practical understanding of how these matters develop and how they are resolved.
We are particularly focused on rapid response and effective enforcement. Our attorneys regularly obtain and defend against temporary restraining orders, preliminary injunctions, and other emergency relief designed to protect critical information and prevent ongoing harm. We also guide clients through investigations, evidence preservation, and early-stage strategy to position cases for efficient resolution.
In addition to litigation, we advise companies on protecting trade secrets through contracts, policies, and internal practices, including employee agreements, confidentiality protocols, and risk management strategies. This includes coordinating with employment, technology, and corporate teams to ensure that trade secret protection is aligned with broader business objectives.
Our approach combines trial experience, strategic judgment, and practical execution, helping clients protect their competitive advantage in fast-moving and high-risk environments.
Trade Secret Protection and Risk Management
We advise companies on identifying and protecting trade secrets and confidential information through practical, business-aligned strategies.
- Identification and classification of trade secrets and confidential information
- Development of internal policies, protocols, and best practices
- Confidentiality, non-disclosure, and employee agreements
- Protection strategies aligned with product development and operations
- Counseling on risk associated with employee mobility and competitive activity
Investigations and Pre-Litigation Strategy
We help clients assess potential misappropriation and develop strategies before disputes escalate.
- Internal investigations involving employee departures and suspected misuse
- Evidence preservation and forensic coordination
- Assessment of trade secret status and enforceability
- Evaluation of claims and defenses under applicable law
- Pre-litigation strategy and negotiation
Emergency Relief and Rapid Response
We act quickly to protect trade secrets when immediate action is required.
- Temporary restraining orders and preliminary injunctions
- Actions to prevent disclosure or use of confidential information
- Coordination with forensic experts and investigators
- Immediate response to competitor or employee misconduct
- Strategic use of emergency relief to protect business interests
Trade Secret Litigation
We represent clients in complex trade secret disputes in state and federal courts, including high-stakes matters involving technology, employee mobility, and competitive conduct.
- Prosecution and defense of trade secret misappropriation claims
- Litigation under the Defend Trade Secrets Act (DTSA) and California law
- Claims involving breach of contract, unfair competition, and related causes of action
- Trial, arbitration, and appellate representation
- Coordination with parallel claims involving patents, copyrights, and trademarks
Employment and Competitive Practices
We advise companies on managing trade secret risks arising from employee relationships and competitive activity.
- Trade secret issues related to hiring and departures of employees
- Enforcement of confidentiality and non-solicitation obligations
- Counseling on California-specific issues, including non-compete limitations
- Coordination with employment law strategies and compliance
- Preventative measures to reduce risk of disputes
Strategic Counseling and Business Integration
We help clients integrate trade secret protection into broader business and legal strategy.
- Alignment of trade secret protection with contracts, licensing, and transactions
- Support in mergers, acquisitions, and due diligence involving confidential information
- Development of long-term strategies for protecting competitive advantage
- Guidance on evolving legal standards and best practices
- Ongoing advisory support from attorneys active in trade secret thought leadership and industry groups including Sedona Conference and American Bar Association
Emergency Relief and Rapid Response
- Represented Apex.AI, Inc. in a trade secret misappropriation case in the Northern District of California, obtaining an ex parte temporary restraining order requiring the return of company property and prohibiting use or disclosure of trade secrets, followed by a favorable settlement and permanent injunction.
- Obtained a temporary restraining order, preliminary injunction, and contempt citation against a former employee who misappropriated confidential information to start a competing business, resulting in a favorable settlement on the eve of trial.
- Secured emergency relief and coordinated rapid-response strategies to prevent ongoing misuse of confidential information in high-risk situations involving employee departures and competitor activity.
Trade Secret Litigation (Plaintiff and Defense)
- Represent companies in trade secret litigation involving employee mobility, unfair competition, and breach of contract claims in California state and federal courts.
- Represented plaintiffs and defendants in multiple trade secret cases involving former employees forming competing businesses and alleged misuse of confidential information.
- Represented a Houston-based company in a trade secret misappropriation action against former employees involving competitive business operations and proprietary information.
- Represented a cooling technology company in a trade secret and breach of contract case involving data center technology, resulting in a confidential settlement.
Complex Technology and Commercial Disputes
- Represented a leading online platform in a trade secret, CFAA, and ECPA case, achieving a favorable resolution following a motion to dismiss.
- Represented a consumer products company in a trade secret, contract, and trademark dispute, resulting in a favorable settlement.
- Represented companies in disputes involving software, data, and technology platforms, including cases involving alleged misuse of proprietary systems and confidential business information.
High-Stakes Trials and Dispute Resolution
- Served as first chair in a $10 million jury trial in Santa Clara County Superior Court, obtaining a nonsuit verdict and successfully defending the result on appeal.
- Represented clients in complex commercial disputes involving trade secret, contract, and fraud claims, including matters with exposure exceeding tens of millions of dollars.
- Achieved favorable outcomes in arbitration and litigation through early motion practice, negotiated settlements, and trial strategy aligned with client business objectives.
Employee Mobility and Competitive Practices
- Represented employers in trade secret disputes involving former employees accused of taking confidential information to competitors, including cases involving customer lists, technical data, and business strategies.
- Represented employees and companies defending against trade secret claims arising from hiring and competitive activity, including challenges to restrictive covenants under California law.
- Advised clients on disputes involving employee departures, non-solicitation obligations, and alleged misuse of proprietary information in competitive markets.
When does a trade secret issue typically arise?
Trade secret issues most often arise in connection with employee mobility, competitive hiring, or business relationships involving confidential information. These situations frequently develop quickly, particularly when employees depart to competitors or when new ventures are formed using existing knowledge or data.
What should a company do immediately if it suspects misappropriation?
Speed is critical. Companies should act quickly to preserve evidence, secure systems and devices, and assess the scope of potential exposure. Early legal evaluation helps determine whether immediate action, such as seeking injunctive relief or initiating an investigation, is appropriate.
How quickly can a company obtain injunctive relief?
Courts can grant temporary restraining orders and preliminary injunctions on an expedited basis when there is a clear risk of ongoing harm. The availability and timing of relief depend on the strength of the evidence and the ability to demonstrate that the information qualifies as a trade secret and is being misused.
How does California law impact trade secret protection?
California presents unique challenges, particularly due to limitations on non-compete agreements and the mobility of employees. As a result, trade secret protection often relies more heavily on confidentiality measures, contractual protections, and enforcement under the California Uniform Trade Secrets Act and federal law.
What qualifies as a trade secret in practice?
In practice, trade secrets can include technical data, software, algorithms, customer information, pricing strategies, and business processes, provided that the information derives value from not being publicly known and is subject to reasonable efforts to maintain its confidentiality.
How do you evaluate whether a claim is worth pursuing or defending?
We assess both the legal and practical considerations, including the strength of the trade secret, the available evidence, the scope of alleged misuse, and the business objectives of the client. In many cases, early strategy decisions can significantly impact cost, timing, and outcome.
How do trade secret claims interact with other legal issues?
Trade secret disputes often overlap with claims involving breach of contract, unfair competition, fiduciary duties, and, in some cases, intellectual property or data-related claims. An integrated approach is important to ensure that all available claims and defenses are considered.
What role do internal policies and agreements play in protecting trade secrets?
Internal controls are critical. Courts expect companies to take reasonable steps to protect confidential information, including through policies, access controls, and agreements with employees and third parties. These measures can significantly impact the ability to enforce trade secret rights.
How can companies reduce the risk of trade secret disputes?
Proactive steps include implementing clear confidentiality policies, training employees, managing access to sensitive information, and conducting risk assessments when employees join or leave the company. Early planning often reduces the likelihood and impact of disputes.
When should a company consider changing or expanding trade secret counsel?
Companies often reassess counsel when facing higher-stakes disputes, increased employee mobility, or the need for faster, more coordinated responses. This is particularly relevant for companies operating in California or managing complex, multi-jurisdictional risks.
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