Trade Secrets Litigation Practice Note

This Practice Note provides a comprehensive discussion on trade secrets litigation, specifically aimed at employers dealing with the misappropriation of trade secrets by current or former employees. It outlines critical preliminary steps such as conducting pre-litigation investigations, sending cease and desist letters, and engaging law enforcement when necessary. The document details the process of filing a legal action, including considerations for forum selection and choice of law, as well as the inclusion of the employee's new employer or third parties in the litigation. It also covers common causes of action, particularly under the Defend Trade Secrets Act (DTSA), and emphasizes the importance of maintaining confidentiality throughout the litigation process. Additionally, best practices for preparing to counter potential defenses and counterclaims are discussed. This Note is jurisdiction-neutral and applies to private employers, providing a framework for understanding and navigating trade secrets litigation effectively.