Trade secret cases are emergencies. On the the plaintiff side, $1 million, $10 million, or even $100 million+ worth of trade secrets may have just walked out your door. The Defend Trade Secrets Act provides a powerful tool for companies to defend their trade secrets. But that tool is worthless unless placed in the right hands. Experienced trade secret lawyers can utilize the DTSA to:
- Secure federal court jurisdiction over complex trade secret claims.
- Avoid state-court obstacles to trade secret claims (e.g. UTSA preemption).
- Seek preliminary injunctions to prevent further use of stolen trade secrets.
- Seek ex-parte injunctions (without notice) in extraordinary circumstances.
- Seek extensive damages, including lost profits and/or disgorgement.
On the defense side, DTSA cases are equally as urgent. Often, the plaintiff is seeking an injunction that will disrupt your business, seize your property or even shut your company down. In many trade secret cases, the plaintiff’s claimed damages are astronomical. Experienced DTSA defense lawyers must be prepared to:
- Immediately defend emergency injunction proceedings.
- Immediately pursue an appeal and emergency stay of injunction in enjoined.
- Attack the value of the claimed trade secrets and the plaintiff’s damages model.
- Conduct extensive discovery to prove the claimed trade secret was not protected.
- Defend against numerous related claims, including fraud, breach of fiduciary duty, breach of contract, and tortious interference.