What the owner has to show
A trade secret claim generally turns on two questions: whether the information was valuable because it was kept confidential and protected with reasonable measures, and whether the other side obtained or used it improperly. Claims can be brought under the federal Defend Trade Secrets Act or under state law, and New York relies on its own common law rather than the uniform act most states have adopted. Courts often require the owner to identify the secrets with some specificity early in the case. General skills and knowledge an employee picks up on the job usually are not treated as the employer's secret.
Collecting evidence without creating new problems
Forensic imaging of company devices and review of company email and access logs can show what was taken and when. Owners should not access a former employee's personal accounts or devices without legal authority, as that can create claims against the company. Employees who are accused should not delete files or wipe devices, which can be treated as destruction of evidence; instead, they should preserve everything and get advice about returning material. A litigation hold should go out early on both sides. Companies should also look at how the departing employee's access was handled, because evidence of reasonable protective measures is part of the owner's own case.
Urgent relief and the shape of the case
Many cases begin with a request for a temporary restraining order or a preliminary injunction to stop use of the information or require its return. The federal statute also allows seizure orders in extraordinary circumstances, though courts grant them rarely. Restrictive covenants in an employment agreement often run alongside the trade secret claim. Cases frequently resolve with agreed forensic return and deletion protocols, limits on certain activities, and sometimes payments. Whether you are the company or the individual accused, the early decisions about what to preserve, what to return, and what to ask a court for tend to matter most.
