Breach of confidential information: Keeping secrets, secret
The most valuable assets of your business are often the ones you can't see.
They are the confidential client lists, the intricate technical data, the innovative business strategies, and the private commercial information that gives you a competitive edge or unique position in the marketplace.
When this information is unlawfully taken or used, it is a direct breach of trust that can severely damage your business and undermine years of hard work.
A breach of confidential information dispute is a commercial fight to secure your sensitive data and restore your competitive position.
Whether you are seeking to prevent the misuse of your private information or are an accused party defending your position, the stakes are exceptionally high.
Breach of confidential information: How we assist you
Our team possesses deep expertise in the laws governing confidential information.
We understand that a successful claim requires a rapid, decisive response to prevent further damage.
We work with an established network to trace the data, assess the extent of the breach, and gather the evidence needed to build a compelling case.
We have a proven track record of handling high-stakes confidential information disputes, representing both businesses whose data has been compromised and those who have been unjustly accused.
Our dual experience enables us to anticipate the strategies of the opposing side, regardless of which side of the dispute you are on.
This experience includes both responding to and enforcing interim injunction claims, which are more commonplace in confidentiality scenarios.
Our unique capability in this area
Our unique capability lies in our ability to seamlessly blend rapid-response action with a commercially savvy litigation strategy.
We take the time to understand the value of the information to the business in question, as well as the commercial impact of a dispute.
Our approach is designed to be laser-focused on achieving an outcome that protects your sensitive data, preserves your commercial position, and allows your business to continue to succeed.
We are also highly experienced with interim injunction scenarios - which means we can act decisively to stop or respond to the same.
These require both a rapid response due to short time frames, but more importantly, your position to be articulated comprehensively and precisely, as incorrect claims can backfire with significant financial consequences.
We provide clear, honest advice and will not pursue a dispute unless we believe there is a commercially sound path to success.
Breach of confidential information: Common questions and answers
What is the difference between confidential information and a trade secret?
Confidential information is a broader category that covers any information a business treats as secret.
A trade secret is confidential information that has a specific, high level of commercial value and has been protected by reasonable steps (e.g. access controls, NDAs). Trade secret matters require separate criteria to be proven, such that the "secret" in question was demonstrably held within the business as a trade secret.
While closely related, our service covers the full spectrum, ensuring your valuable data is protected even if it doesn't meet the stricter definition of a trade secret.
What are the most crucial first steps if I suspect a breach of confidential information?
The single most crucial step is to act immediately and silently.
Do not engage with the suspected party, as this may alert them to destroy evidence. Immediately engage legal counsel.
It is typical that, within a breach of confidential information case, a host of information and data will need to be accessed and disclosed.
By engaging with specialist IP counsel, you will be able to pursue the legal means to ensure that evidence is kept whole, as well as potentially limit damage through injunctive relief (i.e. via an interim injunction as mentioned above).
How do you prove that confidential information has been used or disclosed?
Proof use requires forensic evidence, which is where our specialisation is paramount.
We work with external experts to analyse digital trails, including: records of large data downloads, access logs, evidence of unauthorised server access, metadata, and comparison of new competitor products or services to your proprietary data.
This allows us to ensure that the disclosure provided (or requested for) is proportionate to the claim, removing a burden which can often result in a significant increase in time and cost.
Through this analysis, and alongside evidence of the alleged parties' activities post-breach, we can prove (or disprove) the breach from the legal point of view.
What is an interim injunction, and why is it essential in these cases?
An interim injunction is a temporary, urgent court order that compels the breaching party to immediately stop using or disclosing the confidential information (a "stop using" order) or to compel the return or deletion of the data in question.
It is essential because, unlike money, once confidential data is released, the damage is often irreparable.
We seek injunctions to "hold the ring" and protect your commercial position while the main dispute is settled. As above, these must be made both swiftly, accurately and comprehensively.
Hesitation can result in damage not being immediately halted. Lack of precision can result in an injunction claim being incorrectly brought, which may result in a counterclaim for damages. Finally, a weak and non-comprehensive claim may fail.
Breach of confidential information: Next steps
Is your business facing a breach of confidential information dispute?
Whether you need to secure your data or defend your position, use the calendar below to arrange an appointment with our team to assess your situation.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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