Many enterprises invest a significant amount of time and money into developing trade secrets, and they often go to great lengths to protect these trade secrets to
maintain their competitive edge or niche in the marketplace. Despite requiring employees to sign confidentiality agreements or taking other measures to protect their trade secrets, however, these secrets can be obtained through illegal, unethical or criminal means and can, consequently, seriously jeopardize a business.
When the proper steps are not taken to protect trade secrets or when trade secrets or intellectual property has allegedly been stolen, Denver Trade Secrets Attorney Thomas E. Downey will ready to defend his clients rights to help them either:
- Go after the parties responsible for stealing trade secrets; or
- Defend themselves against allegations of stealing trade secrets.
The Uniform Trade Secrets Act
In Colorado, the Uniform Trade Secrets Act (C.R.S. §§ 7-74-101 through 7-74-110) protects trade secrets from misappropriation. This means that anyone who shares or steals trade secrets, incites others to share or steal trade secrets or otherwise obtains or misappropriates trade secrets can be sued and subject to serious penalties (potentially even punitive damages).
In general, information is considered to be a trade secret if it is:
- Only known to a specific business or entity (and that entity’s employees or others involved with the business)
- Valuable and the subject of protection measures to preserve the secrecy of the information
- Challenging or very difficult for others to duplicate or acquire on their own.
Examples of trade secrets protected by this statute can include (but are not limited to):
- Customer lists
- Formulas, patterns or recipes
- Programs
- Techniques, methods or processes
- Devices.
Related: 3 Ways to Protect Business Trade Secrets with Non-Employees
Our Trade Secrets and Intellectual Property Services
Some of the various services Denver Trade Secrets Lawyer Thomas E. Downey provides to both individuals and businesses dealing with intellectual property issues include (but are not limited to):
- Drafting and enforcing confidentiality agreements and other contractual documents
- Proving that specific information was protected by the Uniform Trade Secrets Act and going after parties that violated this law
- Defending parties against trade secret misappropriate claims
- Obtaining royalties.
Denver Trade Secrets and Intellectual Property Lawyer at Downey & Associates, PC
If you need assistance with any type of trade secrets misappropriate claim, you can count on Denver Trade Secrets Lawyer Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, property tax and real estate legal issues.
Our dedication to our clients, coupled with our extensive experience handling complex matters of intellectual property law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.
A choice to work with our Denver trade secrets attorney can give you confidence that, at every stage of the legal process, your claim will be handled with expert care and attention and that we will work diligently to help you resolve your case as favorably and efficiently as possible. We have the integrity, experience and resources necessary to ensure that you will receive the highest level of personal service, the highest quality legal services and, ultimately, the best possible resolution to your case.
Contact Us
From our law offices in Centennial, we serve clients throughout Colorado and the U.S. We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.
Frequently Asked Questions
What are the benefits of confidentiality agreements for businesses?
Confidentiality agreements, or NDAs, are essential tools for protecting sensitive business information. They legally bind parties to keep shared information private. Our Denver-based law firm, Downey & Associates, provides tailored NDA drafting and enforcement to safeguard your business's trade secrets and proprietary data.
How can businesses respond to intellectual property infringement?
Businesses can respond to intellectual property infringement by seeking legal recourse, including cease and desist orders, litigation, and seeking damages. At Downey & Associates, we provide comprehensive legal support to Denver businesses facing such challenges, helping them navigate the complexities of intellectual property law.
What counts as “reasonable measures” to keep information a trade secret in Colorado?
Trade secrets require value from not being generally known and reasonable efforts to keep them secret. Practical steps include access controls, tiered permissions, confidentiality training, and tailored NDAs. Courts can also preserve secrecy during litigation with protective orders, sealed filings, and limited disclosures. You should document your safeguards and update them as technology and roles change. Without reasonable measures, legal protection can fail. Aligning policies with these principles strengthens both prevention and enforcement.
When should I file in federal court under the Defend Trade Secrets Act, and what early remedies exist?
DTSA allows civil trade secret claims in federal court for misappropriation related to a product or service used in, or intended for use in, interstate or foreign commerce. In extraordinary circumstances, a court may order ex parte seizure to prevent dissemination of a trade secret. Early motions can also seek injunctions and expedited discovery. Courts expect careful tailoring and safeguards when seizure is requested. Filing promptly improves your chances of meaningful relief. Plan your pleadings and evidence with these standards in mind.
How can hiring or departing-employee processes reduce trade secret risk without overreaching?
Use off-boarding checklists that recover devices, revoke access, and remind employees of ongoing confidentiality duties. Limit onboarding discussions to public skills and experience, not prior employers’ confidential information. Train managers to redirect any attempted disclosure and to document clean-room development where needed. Keep restrictions focused on trade secrets and customer goodwill and avoid unnecessary breadth. CUTSA coexists with contractual remedies, so well-drafted confidentiality and non-solicit agreements remain important. These practices show good faith and reduce misappropriation exposure.
What steps should a company take if it suspects trade secret theft?
If your company suspects trade secret theft, it's crucial to act quickly. Preserve all evidence, review employee activities, and consult with a trade secrets attorney. Downey & Associates in Denver can assist in investigating the breach and taking legal action to protect your business's interests. Contact us for assistance.
Additional Information in Denver, CO
- Trade Secret Policy: The United States Patent and Trademark Office (USPTO) provides guidance on trade secret policy, covering the legal framework, best practices for protecting trade secrets, and the role of trade secrets in innovation.
- Intellectual Property and Antitrust: Divergent Paths to the Same Goal: This speech by former FTC General Counsel Debra A. Valentine explores the intersection of intellectual property and antitrust laws. It highlights how both frameworks aim to promote innovation and consumer welfare, but through different mechanisms—intellectual property by granting exclusive rights and antitrust by maintaining competitive markets.
- Colorado Public Law - Title 7 Article 74: This source provides the full text of the Colorado Uniform Trade Secrets Act, including definitions, legal protections, and remedies related to trade secret misappropriation.
