Question 1

Can I enforce an NDA against a former employee who shared trade secrets?

Accepted Answer

Yes, NDAs are enforceable against former employees who share trade secrets, but enforcement is expensive ($50K-150K+). You may also have claims under state trade secret laws (like the Defend Trade Secrets Act) independent of the NDA itself.

Question 2

What is injunctive relief in trade secret cases?

Accepted Answer

Injunctive relief is a court order forcing the competitor to stop using your trade secrets immediately. Courts can grant temporary restraining orders (TROs) within days if you can show immediate irreparable harm and likelihood of success on the merits.

Question 3

What evidence do I need to prove trade secret misappropriation?

Accepted Answer

You need evidence that: (1) information qualifies as a trade secret (provides competitive advantage, kept confidential), (2) the employee had access to it, (3) the competitor is using suspiciously similar methods. Document everything - emails, access logs, dated descriptions of your proprietary processes.

Question 4

How much does it cost to sue for trade secret misappropriation?

Accepted Answer

Trade secret litigation typically costs $50K-150K+ through trial. However, a strong cease and desist letter ($2-5K) or motion for preliminary injunction ($15-30K) may resolve the matter earlier if your case is strong.

Question 5

What is the Defend Trade Secrets Act (DTSA)?

Accepted Answer

The DTSA is a federal law that provides a cause of action for trade secret misappropriation in federal court. It exists alongside state trade secret laws (most states have adopted the Uniform Trade Secrets Act). The DTSA may allow you to sue even if your NDA is weak.

Former employee sharing trade secrets with competitor - NDA worth anything?

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