Trade Secret Lawyer in Orange County

Last updated: November 2026

A trade secret lawyer in Orange County handles cases where an employee, partner, or vendor has taken confidential business information, and defends the people and companies accused of taking it. Kolmogorov Law, P.C. is an Irvine firm that litigates trade secret cases under California's Uniform Trade Secrets Act in Orange County Superior Court in Santa Ana and under the federal Defend Trade Secrets Act in the Central District of California. Both statutes carry a three-year limitations period running from discovery of the misappropriation.

Call (909) 235-6116 or contact us online to discuss a trade secret dispute in Orange County.

Trade secret services for Orange County companies and individuals

For the company whose information was taken: emergency injunctions, forensic preservation, claims under the California and federal trade secret statutes, and related claims for breach of contract, breach of fiduciary duty, and unauthorized computer access. Where company systems were accessed without permission, the firm pursues the civil remedy that Penal Code section 502 provides to the owner of the data. See our Penal Code 502 page.

For the accused: defense of employees, founders, and the companies that hired them. Many trade secret suits are filed to slow a competitor or punish a departure rather than to protect a real secret. California does not enforce most non-competes, and a trade secret claim is sometimes used as a substitute. Our page on being accused of taking company data explains the defenses.

What counts as a trade secret in California

The statute defines a trade secret as information that derives independent economic value from not being generally known and that is the subject of reasonable efforts to keep it secret. (Civ. Code, § 3426.1, subd. (d).) Both halves matter. A customer list that anyone could assemble from a trade directory is not a secret, and a formula that was emailed to every vendor without a confidentiality agreement is not protected.

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

Our trade secret misappropriation guide covers the elements in detail, and our client list page explains which lists courts protect.

Three Orange County trade secret disputes

A medical device company in Irvine loses its vice president of sales to a competitor. In his last two weeks he forwards pricing schedules, the pipeline report, and the distributor margin analysis to a personal email account. The company has a strong misappropriation claim, a section 502 claim for the post-notice access, and a reason to seek a temporary restraining order the week it finds out. I see this every month.

An Anaheim manufacturer hires an engineer from a rival. Within days the rival's lawyers send a letter accusing the manufacturer of hiring him to obtain its process designs and threatening suit. The manufacturer did nothing of the kind, but it now needs to show that: a clean onboarding process, a written instruction not to use prior employer information, and a forensic check of what the engineer brought.

Two members of a Costa Mesa logistics LLC split up. One leaves with the carrier rate sheets and the customer contact spreadsheet and opens a competing brokerage. The other sues for misappropriation and breach of fiduciary duty. The question is whether the rate sheets were ever treated as confidential.

Procedure that is particular to trade secret cases

Before a plaintiff may take discovery about the secret in a California case, it must identify the trade secret with reasonable particularity. (Code Civ. Proc., § 2019.210.) That requirement is a real obstacle for a plaintiff who filed in anger and an opportunity for a defendant who suspects there is no secret at all.

Courts may enjoin actual or threatened misappropriation. (Civ. Code, § 3426.2, subd. (a).) A plaintiff may recover its actual loss and the defendant's unjust enrichment, and where the misappropriation was willful and malicious the court may award exemplary damages up to twice that amount. (Civ. Code, § 3426.3, subds. (a), (c).) An action must be brought within three years after the misappropriation was or should have been discovered. (Civ. Code, § 3426.6.)

The federal statute is similar. An owner may sue in federal court when the secret relates to a product or service used in interstate commerce, and the same three-year discovery period applies. (18 U.S.C. § 1836(b)(1), (d).)

Where Orange County trade secret cases are heard

State-law trade secret cases are filed in Orange County Superior Court at the Central Justice Center, 700 Civic Center Drive West, Santa Ana. A temporary restraining order application can be heard within days.

Cases pleading the Defend Trade Secrets Act go to the United States District Court for the Central District of California, Southern Division, at the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. We choose the forum based on the speed of injunctive relief and the judge's familiarity with forensic evidence.

The Orange County businesses and people we represent

Medical device, software, and engineering companies in Irvine and Lake Forest. Manufacturers and distributors in Anaheim and Santa Ana. Founders and executives who have left a company and been accused of taking something with them. Companies that hired those people and were sued for it.

Chambers and Partners ranks the firm in its USA Spotlight 2026 guide for general commercial litigation in Orange County. The firm is a BBB Accredited Business, rated A.

How the firm works on a trade secret case

One attorney handles the matter. In the first week I work with a forensic examiner to preserve devices, email accounts, and cloud logs, because that evidence degrades quickly. On the plaintiff side we decide within days whether to seek a restraining order; our TRO page explains the standard. On the defense side we document what was and was not taken, and we answer the demand with facts rather than denials.

Many trade secret cases settle once the forensic picture is clear, often with a stipulated injunction and the return or destruction of the data.

What to bring to the first meeting

The confidentiality, employment, or operating agreements that define what was confidential. The policies and practices that protected the information: access controls, NDAs with vendors, marking of documents. Evidence of the taking: forwarded emails, download logs, USB activity, cloud access records. The departing person's exit paperwork. If you are the accused, the demand letter and anything showing what you did and did not bring from the prior company.

Frequently asked questions

Is a customer list a trade secret in California?

It can be, if it contains information that is not readily available elsewhere, such as pricing, purchasing history, or decision-maker contacts, and the company took reasonable steps to keep it confidential. A list of company names that anyone could compile from public sources usually is not. Courts look at how the list was built and how it was protected.

A former employee took our data. How fast can we get an injunction?

A temporary restraining order can be heard within days of filing if the evidence of taking is documented. The preliminary injunction hearing follows within weeks. Speed depends on how quickly the forensic evidence can be assembled, which is why preservation comes first.

I was accused of stealing trade secrets from my old employer. What should I do?

Do not delete anything. Do not use anything from the prior company, even material you believe is yours. Have a lawyer review the letter and, if needed, arrange a forensic review that shows what you did and did not take. A documented clean process is often the end of the matter.

Should we file in state or federal court?

Both are available if the secret relates to interstate commerce. Federal court offers a firm schedule and judges accustomed to forensic evidence. State court applies the reasonable-particularity rule before discovery, which helps a defendant. We decide case by case.

Talk to an Orange County trade secret attorney

Call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses and individuals throughout Orange County.

This page provides general information about California and federal law and is not legal advice. Outcomes depend on how the information was protected, the facts, and the court.