Trade Secrets Litigation: 2023 Update

Thomson Reuters Practical Law has released the 2023 update to “Trade Secrets Litigation,” co-authored by our colleague Peter A. Steinmeyer.

Following is an excerpt (see below to download the full article in PDF format):

Trade secrets are often an employer’s most valuable assets. When an employee or former employee misappropriates an employer’s trade secrets, the employer frequently initiates litigation with several goals in mind, including:

• Preventing further unauthorized use or disclosure of its trade secrets.
• Recovering the trade secrets.
• Obtaining damages.

This Practice Note discusses trade secrets litigation. In particular, it addresses:

• Preliminary steps to consider, such as sending a cease and desist letter and contacting law enforcement.
• Filing a legal action.
• Common causes of action.
• Discovery, including expedited discovery.
• Injunctive relief, damages, and attorneys’ fees.
• Best practices for preparing to counter potential defenses and counterclaims.
• Maintaining confidentiality during trade secrets litigation.

Download the full Practice Note in PDF format: “Trade Secrets Litigation – 2023 Update