Trade Secret Attorney – California

A customer list, a pricing model, a manufacturing process, source code, a supplier arrangement — the information that makes your business work is often worth more than its physical assets, and it is the easiest thing for a departing employee or a competitor to take. Kolmogorov Law, P.C. represents California companies in trade secret disputes: pursuing misappropriation claims when confidential information walks out the door, and defending businesses and individuals accused of taking it.

Trade Secret Matters We Handle

• Departing employees who take customer lists, pricing, or technical data to a competitor
• Competitors who hire your people to get your information
• Business partners, vendors, or joint-venture counterparties who misuse confidential information
• Breach of non-disclosure and confidentiality agreements
• Emergency injunctions and temporary restraining orders to stop ongoing use
• Defense of employees and companies accused of misappropriation — including overbroad claims used to enforce non-competes California will not allow
• Related claims: computer access under Penal Code section 502, breach of fiduciary duty, and unfair competition

What Counts as a Trade Secret in California

California's Uniform Trade Secrets Act (CUTSA) protects information that (1) derives independent economic value from not being generally known, and (2) is the subject of reasonable efforts to keep it secret. (Civ. Code, § 3426.1, subd. (d).) Both halves matter. Information that is publicly available or easily compiled is not a trade secret no matter how valuable, and information you never took steps to protect — no access controls, no confidentiality agreements, no marking — may not qualify either. Our article on what courts treat as trade secrets walks through how customer lists are analyzed.

“Misappropriation” means acquiring a trade secret by improper means, or using or disclosing it without consent when you knew or had reason to know it was obtained improperly or under a duty of confidence. (Civ. Code, § 3426.1, subd. (b).)

Remedies Under CUTSA

CUTSA gives a trade secret owner a strong set of tools: an injunction against actual or threatened misappropriation (Civ. Code, § 3426.2); damages for actual loss plus the defendant's unjust enrichment, or a reasonable royalty where neither can be proven (§ 3426.3); exemplary damages up to twice the award for willful and malicious misappropriation (§ 3426.3, subd. (c)); and attorney's fees for willful and malicious misappropriation — or, on the other side, for a claim brought in bad faith (§ 3426.4). That last provision is why overreaching trade secret claims carry real risk for the plaintiff.

The limitations period is three years from when the misappropriation was discovered or reasonably should have been. (Civ. Code, § 3426.6.) Federal claims under the Defend Trade Secrets Act (18 U.S.C. § 1836) can be brought alongside CUTSA claims and open the door to federal court.

The California Twist: Identify First, Then Discover

Before a trade secret plaintiff can take discovery in California, it must identify the claimed trade secrets with reasonable particularity. (Code Civ. Proc., § 2019.210.) This requirement shapes the whole case. A plaintiff who cannot describe what was taken — beyond “our confidential information” — will be stopped at the threshold; a defendant who understands this rule has a powerful early motion. We prepare the identification with the end of the case in mind, because it becomes the measure of everything that follows.

Trade Secrets and California's Non-Compete Ban

California voids most post-employment non-competes. (Bus. & Prof. Code, § 16600.) That makes trade secret law the primary tool employers have when a key employee leaves for a competitor — and it also means courts scrutinize trade secret claims that are really non-competes in disguise. An employee's general skill, knowledge, and industry relationships are not trade secrets. The line between protecting real confidential information and improperly restraining a former employee is where most of these cases are decided. See our guide to non-compete agreements in California.

Moving Fast When It Matters

Trade secret cases are often won or lost in the first two weeks. If an employee has just left with your data, the priorities are preservation (a litigation hold and forensic imaging of devices and accounts), a precise demand to the employee and the new employer, and — where use is ongoing — a temporary restraining order. Waiting to “see what happens” lets evidence disappear and weakens the argument that the information was ever truly protected.

Where We Represent Clients

From our Irvine office we handle trade secret litigation in Orange County — home to a dense technology, medical-device, and software corridor where these disputes are common — and throughout California, including Los Angeles, San Diego, and the San Jose and San Francisco Bay Area, in state and federal court.

Frequently Asked Questions

Q: Is a customer list a trade secret in California?
A: It can be, if it contains information not readily available elsewhere — pricing, purchasing history, key contacts, preferences — and you took reasonable steps to keep it confidential. A list of company names anyone could compile from public sources generally is not.

Q: Can I sue if I never had the employee sign an NDA?
A: Yes. CUTSA does not require a written agreement; the duty not to misappropriate arises from the law. But the absence of an NDA makes it harder to show “reasonable efforts” to maintain secrecy, which is an element of the claim.

Q: How quickly can I get a court order stopping a former employee?
A: A temporary restraining order can be obtained in days where there is evidence of ongoing use and immediate harm, followed by a preliminary injunction hearing within weeks. Speed depends on how quickly the evidence can be assembled.

Q: I have been accused of taking trade secrets. What should I do?
A: Do not delete anything — that turns a defensible case into a spoliation problem. Preserve everything, stop using any disputed material, and get counsel before responding. Many claims fail because the “secret” was not actually secret or the plaintiff cannot identify it with particularity.

Q: What is the deadline to bring a trade secret claim?
A: Three years from discovery of the misappropriation, or from when it should reasonably have been discovered. (Civ. Code, § 3426.6.)

Q: Can I recover attorney's fees?
A: Yes, if the misappropriation was willful and malicious. Be aware the statute cuts both ways: a defendant can recover fees if the claim was brought in bad faith. (Civ. Code, § 3426.4.)

Talk to a California Trade Secret Attorney

If confidential information has left your company, or you have been accused of taking it, timing matters. Contact Kolmogorov Law, P.C. at (909) 235-6116 or through our contact page. Our office is at 327 Magnet, Irvine, CA 92618. See also our guide to trade secret misappropriation claims and our intellectual property practice.

This page provides general information about California law and is not legal advice. Trade secret disputes turn on their specific facts and documents.