Trade secrets, also known as a company’s intellectual property, are the secret information giving a company or brand an edge over their competitors in the same industry. Trade secrets may include confidential details of how a business is conducted, how a product is manufactured or other industrial secrets. One of the most well-known and most highly protected trade secrets is the recipe for Coca-Cola.
What Is Trade Secret Theft?
Trade Secrets Theft occurs when an individual or entity uses confidential information about a business without being authorized to do so. Trade Secrets may be protected by jurisdictional laws of intellectual property or unfair competition, such as under the Arizona Uniform Trade Secrets Act (AUTSA). In Arizona, Trade Secrets Theft is defined and prosecuted under Arizona Revised Statute, ARS 44-401.
A Trade Secret is defined in Arizona as information that may include a pattern, formula, program, compilation, device, technique, process or method that derives economic value from not being known and is the subject of efforts to maintain its secrecy. “Misappropriation” of Trade Secrets information, also known as Trade Secrets Theft, is defined by Arizona under Arizona Revised Statute ARS 44-401 as:
- Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means, and
- Disclosure or use of a trade secret of another without express or implied consent by a person who either:
- Used improper means to acquire knowledge of the trade secret or,
- At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was derived…through a person who…utilized improper means to acquire it, was acquired under circumstances giving rise to a duty to maintain its secrecy of limit its use or,
- Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake
Sentencing and Defense for Trade Secret Theft
Sentencing for Trade Secret Theft can include incarceration, damages and fines, as well as other penalties according to your individual case. DM Cantor represent clients accused of Trade Secret Theft in state and federal courts throughout Arizona.
Whether your Trade Secret Theft case is in the stage of an open investigation or you have been arrested for an alleged crime, contact us for the aggressive defense you need. There have been many cases in Arizona in which accusations of criminal activity were not justified. Your charges could be among those unfounded allegations. The lawyers of DM Cantor are aggressive and thorough in their defense of clients accused of Trade Secret Theft and other White Collar Crimes.
With the highest possible rating by Martindale Hubbell®, and as an AV ® rated law firm, DM Cantor has the legal skill you need on your side. The firm is also listed in the Criminal Law Section of the Bar Register of Preeminent Lawyers®. Call DM Cantor at 602-307-0808 or Contact Us for a Free Case Consultation.