Trade Secrets Litigation | Practical Law

Trade Secrets Litigation | Practical Law

A Practice Note discussing trade secrets litigation for employers whose employees or former employees have misappropriated trade secrets. This Note describes pre-litigation investigations, sending cease and desist letters, and contacting law enforcement. It also addresses filing a legal action, including forum selection and choice of law issues, deciding whether to include the employee's new employer and third parties, common causes of action (including misappropriation under the Defend Trade Secrets Act (DTSA)), discovery, injunctive relief, damages, and attorneys' fees. It includes best practices for preparing to counter potential defenses and counterclaims and maintaining confidentiality during litigation. This Note applies to private employers and is jurisdiction-neutral. For more information on state-specific laws, see Trade Secret Laws: State Q&A Tool.

Trade Secrets Litigation

Practical Law Practice Note 5-523-8283 (Approx. 29 pages)

Trade Secrets Litigation

by Peter A. Steinmeyer, Epstein, Becker & Green, P.C., and Zachary C. Jackson, with Practical Law Labor & Employment
MaintainedUSA (National/Federal)
A Practice Note discussing trade secrets litigation for employers whose employees or former employees have misappropriated trade secrets. This Note describes pre-litigation investigations, sending cease and desist letters, and contacting law enforcement. It also addresses filing a legal action, including forum selection and choice of law issues, deciding whether to include the employee's new employer and third parties, common causes of action (including misappropriation under the Defend Trade Secrets Act (DTSA)), discovery, injunctive relief, damages, and attorneys' fees. It includes best practices for preparing to counter potential defenses and counterclaims and maintaining confidentiality during litigation. This Note applies to private employers and is jurisdiction-neutral. For more information on state-specific laws, see Trade Secret Laws: State Q&A Tool.