Trade Secrets

Trade Secret Misappropriation Attorney - Santa Cruz

Trade secrets are often the lifeblood of a business. When sensitive information is stolen, leaked, or misused, your competitive edge can disappear overnight. California law provides strong remedies-but timing is critical.



As a Santa Cruz trade secret attorney with over 40 years of litigation experience, James C. Eschen helps businesses across Santa Cruz and Monterey counties protect their most valuable information. Whether the threat comes from a former employee, a competitor, or even a business partner, we act quickly to stop the damage and secure your rights.

What Are Trade Secrets?

A trade secret is any confidential business information that provides a competitive advantage. Under California's Uniform Trade Secrets Act (CUTSA), it is illegal for someone to misappropriate-meaning steal, disclose, or use without authorization-trade secrets.

Examples include:


  • Customer or vendor lists
  • Pricing structures and proposals
  • Proprietary formulas, processes, or designs
  • Software code or algorithms
  • Business strategies and marketing plans

The key is that the information is valuable, not generally known, and kept confidential through reasonable measures.

We represent clients in situations such as:

Employee Data Theft

A departing employee downloads client lists, pricing data, or internal documents for use at a new job.

Competitor Misappropriation

Another company acquires your proprietary product design or software without permission.

Partner Misuse

A business partner uses confidential venture information to launch a competing operation.

Smaller-Scale Leaks

Even something as simple as a customer email database can qualify if protected.

Legal Remedies for Trade Secret Theft

California courts can move quickly to stop ongoing harm:



  • Injunctions - Orders to immediately stop using or sharing the information.
  • Return/Destruction Orders - Ensuring stolen data is retrieved or deleted.
  • Damages - Compensation for financial losses, with possible double damages and attorney's fees if the theft was willful or malicious.

Fast action is critical-Temporary Restraining Orders (TROs) are often the first step to prevent further spread of the information.

Our Trade Secret Protection Services

We help businesses both prevent and respond to trade secret issues:


  • Prevention - Drafting clear Non-Disclosure Agreements (NDAs) for employees, contractors, and partners.
  • Rapid Response - Investigating breaches, securing evidence, and filing for emergency court orders.
  • Litigation - Pursuing damages and injunctions in court when resolution isn't possible through negotiation.

James's background in complex commercial litigation includes swift, precise legal writing-critical when filing urgent injunction motions.

Trade Secrets vs. Non-Competes

While most non-compete agreements for employees are void in California, trade secret law still offers powerful protection. Even without a non-compete, a former employee cannot legally take your client list or proprietary processes to a competitor.

Trade Secret FAQ

  • How do I prove something is a trade secret?

    Show it's valuable, not generally known, and that you took steps to protect it (passwords, NDAs, limited access).

  • We didn't have NDAs with staff-can I still sue?

    Yes. NDAs help but aren't required if the information meets the legal definition of a trade secret.

  • What if my trade secret was posted online?

    It's harder once public, but we may still be able to pursue claims against the party who leaked it and seek removal orders. Time is essential.

Don't Wait to Act on Trade Secret Theft

If you suspect confidential business information has been stolen or exposed, immediate legal action can be the difference between containment and irreparable loss. We help Santa Cruz businesses protect what makes them unique.

55 River Street, Suite 100, Santa Cruz, CA