Civil and criminal tracks
Most responses to IP theft are civil: a lawsuit seeking an injunction, return of materials, and money damages under trade secret, copyright, trademark, or contract law. Some conduct is also a federal crime, such as stealing trade secrets under the Economic Espionage Act or trafficking in counterfeit goods, and prosecutors decide whether to bring those cases. A referral to the FBI or a U.S. Attorney's Office may suit some matters, but it hands control of timing to the government and can slow a parallel civil case. If you are the one accused, the possibility of a criminal investigation changes how you should respond to a civil demand, so speak with a lawyer before answering anyone.
Acting quickly without overreaching
Speed often matters in trade secret matters, since a court can order preservation or return of information, and the federal statute allows a civil seizure order in extraordinary circumstances. Preserve your own systems, including access logs, email, and images of company devices. Reaching into a former employee's personal accounts or devices without legal authority can create claims against your company, so leave that to court process. For counterfeits, recording a registered trademark with U.S. Customs and Border Protection can help stop shipments at the border. Once counsel is involved, prepare at their direction a summary of what was taken, when you discovered it, and who knew.
What we sort out first
We start by identifying which right was taken, because a trade secret, a copyrighted design, and a registered mark are each protected differently. We then look at the strength of the evidence, whether the other party can realistically be reached, whether it is a U.S. company, an overseas seller, or a former employee, and whether the urgent goal is stopping use, recovering material, or compensation. If a criminal referral is under consideration, we go through its trade-offs with you so the decision is made deliberately.
