Trade Secrets
Finding that a competitor or former employee stole a trade secret is important in any business dispute. Such a finding can result in punitive damages and payment of attorney fees. Many times success depends on showing that the information is valuable (meaning costly to develop) and that there were reasonable efforts to keep the information secret…
Unfair Competition
The allegation that a trade secret was taken or that a noncompete covenant was violated usually includes a claim of unfair competition. Some states have statutes specifically prohibiting unfair competition. Other states rely on common law. Kerkman & Dunn has both brought and defended cases alleging unfair competition. Some have involved injunction hearings, some have been favorably determined after trial and others have been favorably disposed of on summary judgment.…