Trade Secret Claims in Employment Litigation: 2026 Update

Thomson Reuters Practical Law has released the 2026 update to “Trade Secret Claims in Employment Litigation,” authored by 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 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.

Download the full article in PDF format: Trade Secret Claims in Employment Litigation