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Can a Massachusetts company sue over trade secret violations?

Protecting intellectual property can be vital to a business' success, which explains why disputes over violations of trade secret protections are a part of commercial litigation. In fact, one commentator recently observed that nearly every in-house lawyer's career includes at least one experience responding to an issue involving a breach or violation of confidential corporate information.

Interestingly, Massachusetts is not among the 47 American states that have adopted the Uniform Trade Secrets Act in one form or another. However, that does not mean that a business has no cause of action if its intellectual property is embezzled, stolen, unlawfully taken, copied or obtained fraudulently or deceptively.

In fact, a blend of statutory and common law protects the rights of corporations to safeguard their trade secrets. For example, the Massachusetts Consumer Protection Act contains a provision aimed at unfair trade practices. If successful, a claimant may be able to obtain monetary damages, injunctive relief, and attorneys' fees and costs.

Intellectual property can take various forms, including trade secrets, trademarks and copyrights. When responding to a business client's concerns, our business law firm examines every applicable legal protection. At the same time, we also look at the bigger picture, examining long-term interests.

Our legal analysis can help a business dealing with trademark issues, including trademark registration, licensing and litigation. Each stage involves an attention to details to ensure that all rights are preserved. Our attorneys have the experience to navigate those issues successfully.

Source: Inside Counsel, "Trade secret law: A brief guide for in-house counsel," Ben Berkowitz and Briggs Matheson, Aug. 18, 201

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