Northwind Law
Trade Secrets attorney

Trade Secrets Attorneys

Experienced legal representation for trade secrets matters across all 50 states.

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1,100+
Trade secret cases filed in federal court annually since the DTSA
Source: Lex Machina Trade Secret Litigation Report
$180-$540 billion
Estimated annual cost of trade secret theft to the U.S. economy
Source: Commission on the Theft of American Intellectual Property
48 states + D.C.
States that have adopted the Uniform Trade Secrets Act
Source: Uniform Law Commission
200+
Federal economic espionage prosecutions since the Economic Espionage Act
Source: U.S. Department of Justice

About Trade Secrets

Trade secret law protects confidential business information that derives independent economic value from not being generally known to or readily ascertainable by competitors who could benefit from its disclosure or use. Unlike patents, trademarks, and copyrights, trade secrets do not require registration with any government agency — protection arises from the secrecy itself and the reasonable measures taken to maintain it. Trade secrets can include formulas, manufacturing processes, customer lists, pricing strategies, algorithms, business plans, supplier relationships, and virtually any other proprietary information that provides a competitive advantage.

Trade secret protection in the United States is governed by two primary legal frameworks. The Uniform Trade Secrets Act (UTSA), adopted in some form by 48 states and the District of Columbia, provides state-level civil remedies for misappropriation. The federal Defend Trade Secrets Act (DTSA) of 2016 created a federal civil cause of action for trade secret misappropriation, allowing trade secret owners to file suit in federal court and, in extraordinary circumstances, obtain ex parte seizure orders to prevent the dissemination of stolen trade secrets. Additionally, the Economic Espionage Act of 1996 makes trade secret theft a federal crime, with enhanced penalties when the theft benefits a foreign government.

Trade secret disputes most commonly arise when employees leave a company and join a competitor or start a competing business, potentially taking confidential information with them. These cases often intersect with employment law, as they frequently involve non-disclosure agreements, non-compete clauses, and questions about what information an employee may legitimately retain as general knowledge versus what constitutes protected trade secrets. A trade secrets attorney helps businesses establish protection programs, investigate suspected misappropriation, pursue emergency injunctive relief, and litigate claims for damages.

Why You Need a Trade Secrets Attorney

Trade secrets represent some of the most valuable assets a business possesses. Unlike patents, which expire after 20 years and require public disclosure of the invention, trade secret protection can last indefinitely — as long as the information remains secret and the owner takes reasonable steps to protect it. Some of the world's most valuable intellectual property assets are trade secrets, including the Coca-Cola formula and Google's search algorithm. For many businesses, proprietary processes, customer data, and strategic information are worth far more than any patentable invention.

The consequences of trade secret misappropriation can be devastating. A competitor who obtains a company's customer list, pricing strategy, or manufacturing process can instantly erode years of competitive advantage. The DTSA provides for actual damages, unjust enrichment, reasonable royalties, and exemplary damages of up to double the award for willful and malicious misappropriation. Despite these remedies, prevention is always preferable to litigation. Investing in a comprehensive trade secret protection program — including employee training, access controls, non-disclosure agreements, and exit interview procedures — is far less expensive than the cost of pursuing misappropriation claims after the damage has been done.

Common Trade Secrets Cases

Departing Employee Misappropriation

Investigating and pursuing claims against former employees who took confidential information such as customer lists, pricing data, product designs, or proprietary processes when joining a competitor or starting a competing business.

Competitor Misappropriation

Bringing claims against competing businesses that obtained trade secrets through improper means, including hiring away key employees, inducing breach of non-disclosure agreements, or conducting corporate espionage.

Trade Secret Protection Programs

Designing and implementing comprehensive trade secret protection programs, including information classification systems, access controls, non-disclosure agreements, employee training, and exit interview procedures.

Emergency Injunctive Relief

Seeking temporary restraining orders and preliminary injunctions to prevent the imminent disclosure or use of misappropriated trade secrets, including ex parte seizure orders under the DTSA in extraordinary circumstances.

Non-Disclosure Agreement Disputes

Enforcing or defending against claims arising from alleged breaches of non-disclosure agreements, including disputes over the scope of confidential information, the duration of confidentiality obligations, and the adequacy of protective measures.

Computer Fraud & Data Theft

Pursuing claims under the Computer Fraud and Abuse Act and state computer crime statutes when trade secrets are obtained through unauthorized access to computer systems, email accounts, or cloud-based storage.

International Trade Secret Theft

Addressing cross-border trade secret misappropriation, including cases involving foreign competitors or employees who relocate overseas, often requiring coordination with the International Trade Commission or federal law enforcement.

Trade Secret Audits & Due Diligence

Conducting trade secret audits to identify and catalog protectable information assets, and performing IP due diligence in connection with mergers, acquisitions, and investment transactions.

Typical Trade Secrets Case Timeline

1

Investigation & Evidence Preservation

1-3 weeks

Conducting a forensic investigation to determine the scope of misappropriation, preserving electronic evidence, and issuing litigation hold notices to prevent destruction of relevant data.

2

Emergency Injunctive Relief

1-4 weeks

Filing for a temporary restraining order and preliminary injunction in federal or state court to prevent further use or disclosure of the misappropriated trade secrets before irreparable harm occurs.

3

Complaint Filing & Early Discovery

1-3 months

Filing the formal complaint alleging trade secret misappropriation, requesting expedited discovery on key issues, and identifying third parties who may have received the confidential information.

4

Full Discovery & Expert Analysis

6-12 months

Conducting comprehensive document discovery, depositions, and forensic analysis of electronic devices and systems, and retaining experts on trade secret valuation, damages, and technical issues.

5

Dispositive Motions & Settlement

2-4 months

Filing or responding to motions for summary judgment on key issues, and engaging in mediation or settlement negotiations informed by the evidence developed during discovery.

6

Trial & Remedies

5-15 days of trial

Presenting the case before a judge or jury, seeking damages including actual losses, unjust enrichment, and exemplary damages, as well as permanent injunctive relief prohibiting future use of the trade secrets.

Know Your Rights

  • Under the Defend Trade Secrets Act of 2016, you have the right to bring a federal civil action for trade secret misappropriation in federal court, regardless of whether the trade secret crosses state lines.
  • You are entitled to seek injunctive relief to prevent actual or threatened misappropriation of your trade secrets, and in extraordinary circumstances, the court may grant ex parte seizure orders under the DTSA.
  • If misappropriation is proven, you may recover actual damages for losses caused by the misappropriation, unjust enrichment, and a reasonable royalty as alternative measures of damages.
  • When the misappropriation is willful and malicious, the court may award exemplary damages of up to two times the amount of the compensatory damages award.
  • Employees have the right to use their general knowledge, skill, and experience in subsequent employment — trade secret protection does not extend to information that is commonly known in the industry or that forms part of an employee's general professional expertise.
  • The DTSA includes a whistleblower immunity provision protecting individuals who disclose trade secrets in confidence to government officials or attorneys for the purpose of reporting suspected legal violations.
  • You have the right to request that the court issue protective orders to maintain the secrecy of trade secrets disclosed during litigation, preventing them from becoming public through court proceedings.

What to Look for in a Trade Secrets Attorney

Trade secret cases require an attorney who understands both the technical and legal dimensions of protecting confidential information. Look for an attorney with substantial experience in trade secret litigation under both the DTSA and your state's version of the Uniform Trade Secrets Act, as the two frameworks have important procedural differences. Experience with emergency injunctive relief is critical, as many trade secret cases require seeking temporary restraining orders within days of discovering the misappropriation.

Because trade secret disputes frequently involve employment relationships, seek an attorney who understands the interplay between trade secret law, non-compete agreements, and employment law. Experience with digital forensics and electronic discovery is increasingly important, as most modern trade secret cases involve electronically stored information. Ask about the attorney's experience with both the prosecution and defense side of trade secret claims, as well as their familiarity with ITC proceedings for cases involving foreign trade secret theft. Finally, consider attorneys who can help with proactive protection — not just litigation — including designing confidentiality programs, drafting NDAs, and training employees on trade secret obligations.

Questions to Ask Your Trade Secrets Attorney

  1. 1What is your experience litigating trade secret misappropriation cases under both the DTSA and state trade secret statutes?
  2. 2Can you help us obtain emergency injunctive relief quickly, and what is the typical timeline for seeking a TRO in our jurisdiction?
  3. 3What steps should we take immediately to preserve evidence of the suspected misappropriation?
  4. 4Do you have experience working with digital forensics experts to trace the theft and movement of electronic trade secret data?
  5. 5Can you review and strengthen our current trade secret protection program, including our NDAs, employee policies, and access controls?
  6. 6What are the realistic damage calculations in our case, and is the defendant likely to have the resources to satisfy a judgment?
  7. 7Are there criminal enforcement options we should pursue in parallel with a civil action, and how do those proceedings interact?

Understanding Trade Secrets Legal Costs

Trade secret litigation is among the most expensive categories of intellectual property disputes due to the urgency of injunctive relief proceedings, the complexity of forensic investigations, and the high stakes involved. Emergency injunctive relief proceedings alone may cost $25,000 to $100,000 in attorney fees and costs. A trade secret case litigated through trial typically costs $500,000 to $3 million or more, depending on complexity and the amount at stake, according to AIPLA survey data. Attorney hourly rates for experienced trade secret litigators generally range from $300 to $700 per hour. On the preventive side, establishing a comprehensive trade secret protection program — including NDA drafting, employee training, information security assessments, and exit interview protocols — typically costs $5,000 to $25,000 and represents a fraction of potential litigation expenses. Some plaintiff-side attorneys may handle trade secret cases on a partial contingency basis when the damages are substantial and well-documented.

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

Trade Secrets Explained | What Qualifies as a Trade Secret?

All Up In Yo' Business with Attorney Aiden Durham

Defend Trade Secrets Act: What You Need to Know

LawShelf

Trade Secrets vs. Patents: Which Is Right for Your Business?

Nolo

Frequently Asked Questions About Trade Secrets

Under both the DTSA and the Uniform Trade Secrets Act, a trade secret is any information — including formulas, patterns, compilations, programs, devices, methods, techniques, or processes — that derives independent economic value from not being generally known to or readily ascertainable by others who could benefit from its disclosure, and that is subject to reasonable efforts to maintain its secrecy. The definition is broad and can encompass customer lists, pricing data, manufacturing processes, software algorithms, marketing strategies, and virtually any other confidential business information that provides a competitive edge.

Citations & Sources

  1. [1]
    The Defend Trade Secrets Act of 2016 created a federal private right of action for trade secret misappropriation, allowing plaintiffs to file in federal court and seek injunctive relief, damages, and in extraordinary circumstances, ex parte seizure orders. — Defend Trade Secrets Act of 2016, 18 U.S.C. §§ 1836-1839
  2. [2]
    The annual cost of trade secret theft to the U.S. economy is estimated at $180 billion to $540 billion, encompassing both domestic misappropriation and foreign economic espionage. — Commission on the Theft of American Intellectual Property, Update to the IP Commission Report (2017)
  3. [3]
    The Uniform Trade Secrets Act has been adopted in 48 states and the District of Columbia, providing a largely consistent framework for state-level trade secret protection and enforcement across the country. — Uniform Law Commission
  4. [4]
    The Economic Espionage Act of 1996 makes the theft or misappropriation of trade secrets a federal crime, with penalties of up to 10 years imprisonment for domestic theft and up to 15 years for economic espionage benefiting foreign governments. — Economic Espionage Act, 18 U.S.C. §§ 1831-1839
  5. [5]
    Federal trade secret cases filed under the DTSA have exceeded 1,100 per year, reflecting the significant impact of the federal cause of action on trade secret enforcement since the statute's enactment. — Lex Machina Trade Secret Litigation Report

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Request a Consultation1-844-6-NWIND-1 (1-844-669-4631)