Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
This paper discusses a common business tort: misappropriation of trade secrets by departing employees or other agents. A trade secret may be any information that can be used to economic advantage. However, to be entitled to trade secret protection, such information must be maintained as a secret. Valuable proprietary information can be lost when employees or other agents depart to a competitor. Accordingly, protection of such proprietary information must begin at the onset of the employee‘s or agent‘s employment and continue throughout the employment. Protection and enforcement of trade secrets is discussed for various jurisdictions with an emphasis on recent cases in California and Texas.
Most states have adopted some form of the Uniform Trade Secret Act (UTSA), however, Massachusetts, New Jersey, New York and Texas have not adopted the Act. A few states including Texas and New York refer to the Restatement of Torts.
Preliminary injunctions may be obtained in special circumstances to prevent irreparable harm to the trade secret owner. Examples of recent preliminary junction cases in California and Texas are discussed below.
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