Protecting Competitive Advantage — and Enforcing It
When a competitor steals your trade secrets, when a former employee takes your client list to a rival, when your brand is being copied or your business is being undermined by deceptive practices — the law provides remedies, but only if you move quickly and with experienced counsel. Unfair competition cases are among the most time-sensitive in commercial litigation.
SilverCain represents businesses and individuals in the full range of unfair competition and trade secret matters throughout Arizona — both pursuing these claims on behalf of those harmed and defending against them.
Unfair Competition Matters We Handle
The Importance of Moving Fast
Trade secret and unfair competition cases often turn on what happens in the first days and weeks after the harmful conduct is discovered. Evidence disappears. Competitive harm accelerates. Courts are more willing to grant emergency injunctive relief when a plaintiff acts promptly. SilverCain is experienced in handling emergency applications for temporary restraining orders and preliminary injunctions in these matters — and in defending against them.
Contact SilverCain
Phone: +1-602-726-1244| Email: info@silvercain.com | 3101 N. Central Avenue, Suite 1410, Phoenix, AZ 85012
Under Arizona's Uniform Trade Secrets Act (A.R.S. § 44-401 et seq.), a trade secret is information that derives economic value from not being generally known or readily ascertainable by others who could benefit from its use, and that is subject to reasonable efforts to maintain its secrecy. This can include formulas, patterns, compilations, programs, devices, methods, techniques, or processes. Customer lists, pricing strategies, manufacturing processes, and software code can all qualify if they meet these criteria.
You may have claims under Arizona's Uniform Trade Secrets Act, the federal Defend Trade Secrets Act, and common law tort theories, depending on what was taken and how. In appropriate cases, you can seek emergency injunctive relief — a court order prohibiting the use or disclosure of the confidential information — in addition to damages. Act immediately: preservation of digital evidence, enforcement of applicable agreements, and early legal strategy are all time-sensitive. SilverCain handles these emergency matters.
No, but having one significantly strengthens your position. Arizona law protects trade secrets even without a written NDA, as long as the information qualifies as a trade secret and reasonable secrecy measures were taken. However, a well-drafted NDA is one of the strongest pieces of evidence that the business treated the information as confidential and that the employee understood the obligation. We recommend robust NDAs for all employees and contractors with access to sensitive information.
Tortious interference occurs when a third party — often a competitor — intentionally and improperly interferes with a contract or prospective business relationship, causing harm. In commercial contexts, this often involves a competitor inducing a key employee to breach their employment agreement, soliciting a company's customers in violation of a non-solicitation agreement, or deliberately disrupting a business deal. Arizona recognizes both tortious interference with contract and tortious interference with prospective business relationships.
Yes. Prevention is more efficient than litigation. We draft and review non-disclosure agreements, non-compete and non-solicitation agreements, employment agreements, and vendor/contractor confidentiality provisions. We also advise on trade secret protection programs — the internal policies, access controls, and documentation practices that establish that a business has taken the 'reasonable measures' required to maintain trade secret protection under Arizona law.
