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.