A departing employee downloads customer information. A competitor begins using internal pricing. Or a former employer demands that a new business stop operating. Rosenberger + Kawabata handles California trade secret litigation for businesses and individuals facing these disputes.
We examine what information was taken, who could access it, and whether anyone used or disclosed it. Customer information, pricing methods, and internal processes require a factual showing of secrecy and economic value. Calling a file confidential doesn’t settle that question.
These cases often combine business litigation with breach of contract claims or employment defense. We evaluate the claims together so that a dispute over employee conduct doesn’t obscure weaknesses in the alleged trade secret.
Preserving evidence and addressing continued use
We work from device records and account activity, access restrictions, and the documents the parties actually used. Where continued misuse threatens the business, we assess whether the evidence supports temporary restraining orders or other injunctive relief. On defense, we challenge vague descriptions of protected information and restrictions that reach beyond any proven misconduct.
Is a customer list automatically a trade secret in California?
No. A customer list must meet California’s statutory requirements for trade secret protection. Under Civil Code section 3426.1, the information must derive independent economic value from not being generally known, and its owner must take reasonable steps to keep it secret. A directory of publicly available names is different from a restricted database containing nonpublic pricing and purchasing history. Access controls and confidentiality obligations can help establish how a business protected the information. The court also needs evidence of misappropriation, such as improper acquisition or unauthorized use or disclosure under the circumstances specified by the statute. An employee’s move to a competitor doesn’t by itself prove that claim. We examine the actual data, the company’s safeguards, and the evidence linking the accused person to the alleged taking or use. The same review helps identify both enforceable rights and defenses to an overstated demand.
Can a trade secret lawsuit stop someone from competing?
California generally prohibits employee noncompete agreements, subject to statutory exceptions. Trade secret law can support relief against actual or threatened misappropriation, but it isn’t a general ban on competition. We assess the information and conduct at issue before seeking an order or responding to a demand that restricts someone’s work.
Discuss your dispute
To discuss a trade secret claim or defense in California, call (310) 894-6921 or contact us. We can evaluate the disputed information and any request for urgent relief.