Trade Secret Attorneys Helping Protect Your Livelihood

Last updated on November 4, 2025

The simple truth is a trade secret can easily be the most valuable intellectual property a business has. It could be responsible for a competitive edge in the marketplace; it could result in key contributions from personnel, and it could also lead to cutting-edge innovations.

At AU LLC, our experienced and talented attorneys are committed to helping clients maintain and protect their trade secret rights. We serve a variety of industries, including Internet/e-commerce businesses, financial services, software, medical devices, “brick and mortar” businesses, cosmetics, construction, food products, and much, much more.

With AU LLC on your side, you can count on receiving adept assistance in handling and resolving trade secret issues and advice and guidance that will help prevent trade secret issues from occurring.

So What Exactly Are Trade Secrets?

Trade secrets are intellectual property assets the values of which are derived from their awareness of being exclusive to their owners (i.e., they are secret).

Unlike patents, copyright and trademark assets, trade secrets are not inherently protected at the federal level (absent criminal provisions in 18 U.S.C. ss 1831, 1832 and supplementary remedies under the Defend Trade Secrets Act (DTSA)) and are instead protected, usually, by various adoptions of the Uniform Trade Secrets Act. In Illinois, for example, trade secrets are protectable under the Illinois Trade Secrets Act (“ITSA”), 765 ILCS § 1065/ et seq.

Trade secret protection may apply to that which also may be patentable and includes nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, or lists of actual or potential customers or suppliers that are valuable as a result of their being secret and are subject to reasonable security measures.

Trade secrets are not infringed; rather, they are “misappropriated,” which generally involves the improper acquisition and disclosure of trade secret information.

More Of What You Need To Know To Understand Trade Secrets

Trade secrets do not have a set lifespan (unlike patents) and pragmatically last so long as the owner is successful in keeping them secret. While customer lists are expressly included in the definition of what may be protectable as a trade secret, mere collections of the publicly available information may not be protectable.

Thus, considerations should include how and in what form such information is maintained, along with maintaining security protocols.

AU LLC has assisted businesses with identifying trade secret protectable assets, advising them on how best to maintain the security of those assets, and enforcing the rights under both the ITSA and under contract.

You can count on our experienced attorneys to advise and counsel you on how to best protect and enforce your trade secret.

Our experienced professionals, who have access to state-of-the-art forensic tools, can also conduct prelitigation trade secret investigations.

The Role Of Compensatory Damages In Intellectual Property Law

Compensatory damages help ensure inventors and businesses receive fair restitution for the unauthorized use or theft of their intellectual assets. By awarding damages to those who suffer financial losses due to infringement, courts protect individual inventors, and create a deterrent effect that discourages violations both nationally and internationally.

One of the most effective ways compensatory damages help prevent intellectual property theft is by setting a legal precedent. This reinforces the financial consequences of such infractions.

When courts award punitive damages for cases involving misappropriation of trade secrets, it signals to potential infringers that unauthorized use of protected material will result in significant financial liability. This deterrence extends beyond national borders, as many countries look to the U.S. and other legal systems that enforce strong intellectual property litigation standards when shaping their policies.

Additionally, compensatory damages uphold the rights of inventors and businesses, helping ensure they receive proper recognition and financial benefits from their creations. Many inventors and companies invest substantial time and resources into research and development, and without adequate legal protection, their efforts could be undermined by unauthorized use. Compensation restores lost income and empowers innovators to continue pushing the boundaries of technology and creativity.

Another essential legal mechanism in intellectual property law is the enforcement of nondisclosure agreements (NDAs). These agreements help prevent unauthorized disclosure of proprietary information, and when breached, compensatory damages can provide a means of financial recourse. Furthermore, cases involving tortious interference, where a third party disrupts a contractual relationship concerning intellectual property, can also result in compensatory damages. This helps ensure that rightful owners maintain control over their innovations.

For international patent holders, legal protection is even more complex. Enforcing patents across borders requires experience in complex trade and knowledge of global enforcement mechanisms. An experienced IP attorney, such as AU LLC, can help international patent holders handle these challenges by offering guidance on litigation strategies, trade secret protections and cross-border enforcement.

Enforcing compensatory damages in intellectual property cases is vital to maintaining a fair and competitive marketplace. We can help protect inventors’ rights, including the right to seek punitive damages to facilitate proper financial restitution. Our strong intellectual property litigation strategy can help ensure innovators remain in control of their valuable assets and continue to benefit from their hard work.

What Role Do Restrictive Covenants Play In Protecting Your Confidential Information?

Restrictive covenants provide broad protection by limiting competitive actions. Together, they form a comprehensive strategy to protect a business’s proprietary information and competitive advantage. These covenants include:

• Confidentiality agreements: Also known as nondisclosure agreements (NDAs), these contracts ensure that sensitive information, such as trade secrets and proprietary data, remains confidential. Many companies start with NDAs to protect trade secrets, but pairing them with other agreements can offer even more protection.
• Noncompete clauses: These agreements prevent employees from engaging in business activities that compete with their former employer for a specified period and within a particular geographic area after leaving the company.
• Non-solicitation clauses: These agreements restrict former employees from soliciting the company’s clients or employees, protecting both the business’s relationships and workforce.

While these agreements can be an essential protection for trade secrets and other confidential information, it is also essential to carefully review your agreements to ensure that you can enforce them if an employee or former employee breaches this confidentiality. In Illinois, the enforceability of restrictive covenants depends on several factors, including:

• Reasonableness: The terms must take reasonable steps to protect your business’s interests without imposing undue hardship on the employee.
• Scope: You should limit the geographic and functional restrictions in the agreement to what is necessary to protect the business.
• Duration: The time frame should be reasonable and justifiable based on the interests that the agreement protects.

Properly drafted restrictive covenants act as a proactive measure to safeguard trade secrets. They should clearly define what confidential information they protect and outline the specific restrictions in a way that you can enforce under state law. This provides you with a path to holding current and former employees responsible for revealing your trade secrets.

We Are Here To Serve You

We have litigated, arbitrated and mediated trade secret cases both internationally, and in state and federal jurisdictions in the United States, particularly in Chicago and throughout the Midwest.

We have represented clients ranging from startups to established, large companies across a wide range of industries. Plus, we are familiar with prosecuting and defending trade secret claims under the Uniform Trade Secrets Act and more.

Trade secrets are often the key to a business’s success, and failing to protect those secrets and the commercial advantage they bring can lead to the destruction of that business. Trade secrets can be responsible for your market edge and should be protected like the crucial assets that they are.

For more information about trade secret protections or for help in preventing your trade secrets from being misappropriated, contact an experienced attorney at AU LLC today.

Click here to contact us now. You can also call 312-900-9426 or email [email protected]. We will work hard to ensure your trade secrets are protected!