Trade Secret Litigation

Home / Practices / Trade Secret Litigation
All practices
Intellectual Property and TechnologyTrade Secrets

Trade secret litigation lets you stop misappropriation fast and recover what it cost you, prosecuting or defending claims under the Defend Trade Secrets Act and state law, including emergency injunctions and damages in departing-employee disputes.

When someone walks off with your confidential information, the right lawsuit can halt the bleeding and make them pay for it. We prosecute and defend trade secret claims under the federal Defend Trade Secrets Act and state law, and our engineering background helps us cut through the technical disputes over what the secret is and how it was used, which is where these cases are usually won or lost.

Federal and State Claims

The Defend Trade Secrets Act opens the federal courthouse and brings uniform national standards, injunctive relief, damages including exemplary damages for willful misappropriation, and attorneys' fees in exceptional cases. State laws, most based on the Uniform Trade Secrets Act, add or substitute their own remedies. We coordinate both tracks and account for the state-to-state variations that shape strategy, venue, and the relief you can realistically pursue.

Emergency Relief First

Trade secret cases move fast because the harm compounds every day the information stays in the wrong hands, and some of that harm can never be undone. We seek temporary restraining orders and preliminary injunctions to freeze the misappropriation while the case plays out. That means building the evidentiary record quickly and presenting a clear, credible showing of irreparable harm that a judge can act on under deadline pressure.

Departing Employee Disputes

Most of these fights start when an employee leaves for a competitor and takes more than their experience. We handle improper customer and employee solicitation, use of confidential information at a new employer, and breach of confidentiality agreements, pursuing claims against the former employee and the company that hired them. We also help you respond when the evidence is a hard drive or a download log rather than a smoking gun.

Defense and Damages

When you are the one accused, we attack the case at its weakest joints: whether the information is a trade secret at all, whether any misappropriation occurred, and defenses like independent development and reverse engineering. On the recovery side, we work with economists to prove actual loss, unjust enrichment, and reasonable royalty damages, and we pursue exemplary damages where the misappropriation was willful and malicious.

Frequently asked questions

Three things: that the information qualifies as a trade secret, that it was taken through improper means or in breach of a duty, and that the misappropriation caused you harm. Each element has to be established, and the first one, that you actually treated the information as a secret, is where many cases turn.

You can pursue your actual losses, the defendant's unjust enrichment, or a reasonable royalty. For willful and malicious misappropriation, courts can award exemplary damages of up to twice the compensatory amount, and in some cases attorneys' fees as well.

Yes. Injunctive relief is one of the main remedies in these cases, and courts can enjoin both actual and threatened misappropriation. A preliminary injunction can give you relief early in the case, before a full trial.

The Defend Trade Secrets Act allows a court, in narrow circumstances, to order seizure of property to stop a trade secret from being spread, without first notifying the other side. It's reserved for extraordinary situations and is rarely granted because the requirements are strict.

Through a protective order that limits who can see the confidential information in the case. Courts routinely enter these orders in trade secret litigation, and we tailor the terms so your secrets stay protected even as you litigate over them.

Non-compete and trade secret claims often go hand in hand when an employee leaves. We pursue them together so you get the fullest relief available, while keeping in mind that non-compete enforceability varies by state.

Document products

Related document products

Order attorney-drafted documents related to this practice.

Browse all products

Bring our trade secret litigation team to your next matter.

Get in touch