Trade Secret Theft by a Former Employee: What Companies Should Do First
When a company suspects trade secret theft by a former employee, the first hours and days after the problem comes to light can affect the entire case. That discovery often comes well after the employee has left — when a competitor’s product looks familiar, a key customer moves, or an internal audit surfaces unusual downloads. The practical goal is not to accuse first. It is to preserve evidence, stop additional access, identify what information is actually at risk, and decide whether the facts support a litigation response under the Defend Trade Secrets Act (DTSA), state trade secret law, contract claims, or emergency injunctive relief.