Thomson Reuters Practical Law has released the 2026 update to “Trade Secret Claims in Employment Litigation,” authored by Peter A. Steinmeyer, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Chicago office.
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 a current 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 the trade secrets.
- Recovering the trade secrets.
- Obtaining relief.
This article discusses key issues related to trade secret litigation, including:
- Preliminary steps before commencing an action, such as sending a cease and desist letter and contacting law enforcement.
- Considerations when filing a legal action.
- Common causes of action.
- Discovery, including expedited discovery.
- Injunctive relief, damages, and attorneys’ fees.
- Best practices for preparing to rebut potential defenses and counterclaims.
- Maintaining confidentiality during trade secret litigation.
