Litigating Trade Secret Misappropriation Claims: Pursuing Claims Against Former Employees or New Employers

Drafting Continuing Obligations and Cease-and-Desist Letters; Pursuing Ex Parte Seizure Orders, TROs and Litigation Holds

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, September 25, 2018

Recorded event now available

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Program Materials

This CLE webinar will prepare employment litigators to pursue trade secret misappropriation cases against former employees and/or their new employers. The panel will discuss court interpretations of federal trade secret laws and best practices for counsel when issuing continuing obligations letters and cease-and-desist letters to prevent dissemination of misappropriated trade secrets. The panel will also outline litigation strategies, including obtaining ex parte seizure orders and preliminary injunctions, sending litigation hold notices, and more.


The ease of accessing, storing and transmitting electronic data significantly increases the risk of misappropriation of a company’s trade secrets by a departing employee. Under the Defend Trade Secrets Act (DTSA), employment litigators have a tool in their arsenal for pursuing legal action against former employees and/or their new employers for trade secret misappropriation.

The DTSA gives employers the right to file private trade secret theft civil cases against employees in federal court and, more significantly, allows employers to forcefully recover misappropriated trade secrets from former employees through ex parte seizure orders.

Employment litigators must be skilled in drafting continuing obligations letters and cease-and-desist letters to prevent the dissemination of misappropriated trade secrets, as well as savvy at pursuing ex parte seizure orders, preliminary injunctions, and litigation hold notices against former employees and/or their new employers. Counsel must also guide clients in developing clear, consistent trade secret protection policies and practices, and a strategic approach to dealing with departing employees.

Listen as our authoritative panel examines the latest trends in trade secret misappropriation lawsuits and strategies for employment litigators involved in trade secret misappropriation litigation. The panel will also explain upfront steps employment counsel should take to prevent the loss of confidential company information before a key employee leaves to work for a competitor.



  1. Trade secret misappropriation litigation trends
  2. Employer litigation strategies
    1. Continuing obligations letter to former employee
    2. Cease-and-desist letter to former employee and new employer
    3. Ex parte seizure orders
    4. Preliminary injunctions
    5. Litigation hold notices
  3. Proactive steps to prevent trade secret misappropriation by departing employees


The panel will review these and other high priority issues:

  • Trends in trade secret misappropriation lawsuits
  • Strategies for pursuing trade secret misappropriation litigation against former employees and/or their new employers
  • Proactive steps for preventing the misappropriation of trade secrets from departing employees


Johnson, Jacqueline
Jacqueline C. Johnson

Littler Mendelson

Ms. Johnson devotes her practice to employment litigation and counseling, with particular experience in trade...  |  Read More

Mendelson, Jessica
Jessica E. Mendelson

Paul Hastings

Ms. Mendelson's practice focuses on trade secrets litigation and employee mobility issues. Prior to joining Paul...  |  Read More

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