Breach of Confidence Claims

An action for breach of confidence must be initiated within two years from the date of the alleged breach. In order to prevail on this claim, a party must establish the following elements:

  • An agreement between the holder of confidential or proprietary information and the defendant to keep the information confidential;
  • The disclosure of the confidential information to the defendant; and
  • The unauthorized use or disclosure of confidential information by the defendant.

Handling Breach of Confidence Claims in Southern California

The obligation to keep information in confidence can also be created implicitly depending on the relationship between the parties. For instance, in relationships involving joint ventures, partner, board of directors, principal and agents, employer and employees, California courts have found an implicit obligation to keep certain information in confidence.

However, if a party has implied obligation to keep information in confidence and enters into a written contract to maintain the same information in confidence, it cannot be sued on a breach of confidence claim. Instead, the party can be sued on a breach of contract claim. While in most cases this distinction is meaningless; in situations where the defendant’s conduct is considered fraudulent, oppressive or malicious, plaintiff’s relief would be limited to contractual remedies and could not seek punitive damages.

Contact Our Firm

At the law office of Fisher & Talwar, we have an extensive background handling breach of confidence and breach of contract claims. Our firm’s business litigation lawyers have extensive experience in litigating matters involving misappropriation of confidential and proprietary information .

Contact our law firm online or call 213-891-0777 to schedule a free initial consultation. We are available to meet with you between 8:30 a.m. and 6:00 p.m., Monday through Friday. Evening and weekend consultations are available by appointment.