Trade Secret Theft 101: Possible Punishment and Potential Defense Options

Trade Secret Theft 101: Possible Punishment and Potential Defense Options Have you been charged with theft of trade secrets in California? If so, you’re likely nervous about your options to move forward and worried about what a conviction might mean. At Chambers Law Firm, we’ve dealt with cases just like yours. We can help you navigate the charges against you and come up with a legal defense that could lead to the best possible outcome. Read on to learn more about trade secret theft and the rules in California, then contact us at 714-760-4088 for your free initial consultation.

What exactly is trade secret theft?

In the state of California, trade secret theft is a white collar crime that involves illegally taking any type of material that includes intellectual property used by a specific company to make itself more profitable. Stolen intellectual property can include a wide range of items, both tangible and intangible, including:

  • Formulas
  • Programs
  • Tools
  • Processes
  • Compounds
  • Plans
  • Patterns
  • Techniques
  • Mechanisms
  • Devices

The key is that what was stolen must be something that’s not generally available to or know by the public. In order for it qualify as trade secret theft, the company from whom it was stolen must have taken precautions to prevent it from being stolen or disclosed, and the person who stole it must have gained access to it via one of several improper means, including:

  • Breach of contract
  • Trespassing
  • Fraud
  • Surveillance
  • Bribery

Potential penalties for trade secret theft

If you’re convicted of trade secret theft then you could be facing prison time and fines. Additionally, the victim of the theft could get an injunction that prevents you from using or profiting from the stolen material. They could also seek damages equal to their lost revenue.

Possible legal defenses for trade secret theft

The good news is that you do have defense options. When we work with your case, there are numerous strategies we could pursue, depending on the evidence against you. For example, we may argue that you had nothing to do with the theft and that it’s simply a case of mistaken identity. We may also argue that there isn’t enough evidence to prove you’re guilty or that the evidence points to someone else.

Another option is to argue that the stolen property wasn’t actually a secret due to the company that owned it not taking reasonable steps to secure it, or because the property was common knowledge. Yet another option is to argue that you actually obtained the information through a legal means, such as reverse engineering.

The importance of the right defense

If you’re ever charged with a crime you obviously want the best possible defense but this is even truer when it comes to trade secret theft. Why? Imagine how a future employer would feel about hiring you if you have a conviction for a white collar crime on your record? That’s why you should call Chambers Law Firm right away at 714-760-4088 for your free case evaluation.

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