Customer lists, pricing models, formulas, source code, business plans — for many companies, confidential information is the single most valuable asset on the balance sheet, and the easiest one to steal. I litigate trade secret cases on both sides: protecting information that was taken, and defending people and companies accused of taking it.
Two statutes, two forums
Trade secret claims in Illinois typically proceed under the Illinois Trade Secrets Act, the federal Defend Trade Secrets Act, or both. The federal statute opens the door to federal court and remedies including ex parte seizure in extraordinary cases; both statutes allow injunctions, damages, and — for willful and malicious misappropriation — exemplary damages and attorney's fees. Choosing the forum and the claim mix is a strategic decision with consequences for speed, discovery, and settlement leverage.
What makes information a trade secret
Not everything a company calls confidential qualifies. The information must be genuinely secret, derive value from that secrecy, and — critically — be subject to reasonable measures to keep it secret. Many trade secret cases are won or lost on this element: the plaintiff who never marked documents, never limited access, and never used confidentiality agreements has a difficult road. I help companies shore up those measures before there is a dispute, and I press the weakness hard when defending one.
Typical engagements
- Departing-employee investigations: forensic imaging, download and email audits, and preservation demands in the critical first days.
- Emergency injunction proceedings to stop use or disclosure of misappropriated information — often paired with restrictive covenant claims.
- Defense of new employers and departing employees accused of misappropriation, including inevitable-disclosure and improper-means disputes.
- Protective orders and confidentiality regimes that let a case proceed without re-exposing the very secrets at issue.
- Counseling on onboarding and offboarding practices that reduce litigation risk on both ends of the employee lifecycle.
The practical reality
Trade secret cases are evidence races. The party that moves first — preserving devices, obtaining forensic images, locking down accounts — usually controls the narrative. If you suspect information has walked out the door, or you have been accused of walking out with it, the worst move is waiting.