Trade Secret Litigation

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Intellectual Property and TechnologyTrade Secrets

We prosecute and defend trade secret misappropriation claims under the Defend Trade Secrets Act and state laws, seeking injunctions and damages.

Protecting Confidential Information Through Litigation

When trade secret misappropriation occurs, litigation provides remedies to stop the harm and recover damages. Our Trade Secret Litigation practice represents clients in disputes under the federal Defend Trade Secrets Act and state trade secret laws.

DTSA Claims

The Defend Trade Secrets Act provides federal jurisdiction for trade secret claims. We pursue DTSA claims in federal court, leveraging uniform national standards and powerful remedies. DTSA provides injunctive relief, damages including exemplary damages for willful misappropriation, and attorneys' fees in exceptional cases.

State Law Claims

State trade secret laws, typically based on the Uniform Trade Secrets Act, provide additional or alternative remedies. We coordinate state and federal claims for maximum protection. We understand variations among state laws affecting strategy and remedies.

Emergency Relief

Trade secret cases often require immediate action. Ongoing misappropriation causes continuing harm that may be irreparable. We pursue temporary restraining orders and preliminary injunctions to halt misappropriation pending full adjudication. We present compelling evidence supporting urgent relief.

Employee Departure Cases

Many trade secret disputes involve departing employees taking confidential information to competitors. We handle disputes involving improper solicitation of customers or employees, use of confidential information at new employers, and breach of confidentiality agreements. We pursue claims against both former employees and their new employers.

Defense Representation

We defend against trade secret claims when clients are accused of misappropriation. We challenge whether information qualifies as trade secrets, contest allegations of misappropriation, and develop defenses including independent development and reverse engineering.

Damages

Trade secret damages can be substantial. We work with economists to prove actual losses, unjust enrichment, and reasonable royalty damages. We pursue exemplary damages for willful and malicious misappropriation.

Frequently asked questions

That information qualifies as a trade secret, was misappropriated through improper means or breach of duty, and caused damages. Each element must be proven.

Actual loss, defendant's unjust enrichment, reasonable royalty, exemplary damages up to 2x for willful misappropriation, and potentially attorneys' fees.

Yes, injunctive relief is a primary remedy. Courts can enjoin actual or threatened misappropriation. Preliminary injunctions provide early relief.

DTSA provides for extraordinary ex parte seizure in limited circumstances where necessary to prevent dissemination. This remedy is rarely granted due to strict requirements.

Protective orders restrict access to confidential information. Courts routinely enter protective orders in trade secret cases. We structure protection appropriately.

Non-compete violations and trade secret claims often arise together. We coordinate both types of claims for comprehensive relief.

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