Trade Secret

Merchant & Gould’s Trade Secret and Unfair Competition lawyers understand that well-kept trade secrets are critically important to protecting a company’s success and position in the marketplace. In a world of constant change in technology, product development, and innovation, we assist clients to ensure that trade secrets are kept safe and protected. The safe-keeping of proprietary and confidential information is a commonly used tool that Merchant & Gould’s clients find useful to maintain a competitive advantage. The firm’s trial-tested teams are experienced in trade secret litigation but also counsel clients to prevent trade secret disputes from arising. The highly technical and scientific backgrounds of its professionals bring added depth for efficient and cost-effective legal support. The firm’s trade secret practice rounds out the firm’s patent, trademark, litigation, and copyright teams.

Areas of Experience


  • Defining trade secrets
  • Employee policies and procedures from initial hire to exit interview
  • Training for in-house legal and business professionals
  • Audits, risk assessment, and due diligence
  • Trade secret management programs
  • Contracts
  • Project management strategies
  • Social media policies
  • Licensing agreements
  • Nondisclosure and non-compete agreements
  • Website and internet procedures and best practices
  • Internal communication policies
  • Who needs to know what

Litigation and Dispute Management

  • Immediate action for relief and injunction
  • Provide litigation strategies to meet client’s business goals
  • Collaboration with client in developing a winning defense
  • Deep trial expertise
  • E-Discovery issues

Our Clients

Our clients are market leaders in various industries including software, electrical, chemical, internet, medical equipment, pharmaceutical, automotive, consumer products, food science, and shooting sports, among others.


Trade Secret Practice Group Chair, Rachel Zimmerman Scobie


All Media
Press Releases
Merchant & Gould Successfully Defends AmesburyTruth from $72,000,000 Trade Secrets Claim
Merchant & Gould is pleased to announce that Edina, Minn.-based client Amesbury Group, Inc. won one of Minnesota’s biggest defense cases in 2017, by defeating a misappropriation of trade secrets claim that sought over $72,000,000 in damages in Creative ...
Trade Secret Theft Occurring Overseas
Join us for a complimentary CLE on stopping overseas competitors from using the stolen trade secrets of U.S. businesses, then stay for beverages, appetizers and a networking happy hour amidst compelling Computer History Museum exhibits.This seminar ...
Perspectives on Federal Trade Secret Law: Impact of the DTSA on Your Company
For the first time ever, Congress passed legislation that federalizes trade secret law – the Defend Trade Secrets Act (“DTSA”). The DTSA, signed into law by President Obama on May 11, 2016, creates a new federal cause of action for the misappropriation ...
Merchant & Gould Attorneys Speaking at Trade Secrets CLE in Knoxville
Three Merchant & Gould attorneys will be featured speakers at a CLE hosted by the Tennessee Chapter of the Association of Corporate Counsel in Knoxville, Tenn. on October 28, 2015. Partners Rachel Zimmerman Scobie, from Merchant & Gould's Minneapolis ...
Trade Secrets and the AIA: The Practical Considerations of Establishing Prior User Rights by Clear and Convincing Evidence
By Tom Leach & Emily Wessels The Expansion of Prior User Rights Under 35 U.S.C. § 273 The Leahy-Smith America Invents Act (“AIA”) ushered in a new era in intellectual property law, creating new opportunities for patent holders as well ...