Business & Commercial Litigation
Trade Secret Litigation & Unfair Competition Attorneys
Protecting Proprietary Business Information. Pursuing and Defending Complex Commercial Claims.
Lieb at Law, P.C. represents businesses, owners, executives, and employers in disputes involving trade secret misappropriation, confidential business information, employee departures, proprietary technology, and unfair competition. We pursue claims for businesses seeking protection and defend those facing allegations.
Handling matters in New York, New Jersey, Connecticut, and Colorado.
Business information. Business consequences.
When Confidential Business Information Is at Risk
A disputed download, a departing executive, or a competitor’s new offering can put customer relationships, proprietary technology, and years of competitive advantage at stake.
For businesses pursuing claims
Ongoing use or disclosure may threaten revenue, customer trust, and control over valuable information. The first decisions concern preserving evidence, identifying what is protected, and determining whether immediate court relief is justified.
For businesses facing allegations
An overbroad demand or injunction request can disrupt hiring, product development, and day-to-day operations. A focused defense tests the alleged secret, the evidence of misuse, and the claimed financial exposure.
These disputes often overlap with complex commercial litigation. Our strategy accounts for the legal claim and its effect on the business.
Claims & defenses
Trade Secret & Unfair Competition Matters We Handle
From employee theft of confidential information to disputes between competitors and business partners, the right approach starts with the specific information, obligations, and conduct at issue.
Trade Secret Theft & Misappropriation
Claims involving customer intelligence, pricing models, formulas, processes, strategic plans, and other information with competitive value. We examine what was taken, how it was protected, and whether acquisition, use, or disclosure was unlawful.
Employee Departures & Confidential Information
Disputes over departing employees taking customer lists, downloading proprietary files, or transferring confidential records. We connect access and transfer evidence with contractual duties and the broader employment litigation issues.
Competitor Misconduct & Unfair Competition
Claims involving misuse of confidential information, diverted opportunities, and improper interference with business relationships. Where supported, we evaluate related tortious interference litigation and distinguish actionable misconduct from lawful competition.
Breach of Confidentiality & Non-Disclosure Agreements
Enforcement and defense of confidentiality and non-disclosure agreements. We analyze the information covered, permitted disclosures, contractual exceptions, duration, breach, and available relief—even where trade secret status is disputed.
Non-Compete & Non-Solicitation Litigation
Enforcement and challenges involving employee mobility, customer solicitation, and restrictive covenants. Enforceability depends on the jurisdiction, agreement, and facts; our business dispute FAQs address related restrictive covenant disputes.
Proprietary Technology & Intellectual Property Ownership
Disputes over source code, software, technical records, development work, and rights to use or license business information. We assess assignments, licenses, contributions, and LLC ownership disputes that may affect the parties’ rights.
Emergency Injunctions & Temporary Restraining Orders
Seeking or opposing urgent restraints on use or disclosure, with attention to the evidence, irreparable harm, notice, and applicable court standards. Relief must be tailored to the claimed misconduct and is never automatic.
Defense of Trade Secret & Unfair Competition Claims
Defense for companies, owners, executives, and employers accused of receiving or using protected information. We test secrecy, ownership, access, permitted use, independent development, causation, and the scope of requested restraints.
Identify the information. Test the rights.
Federal and State Trade Secret Litigation
The federal Defend Trade Secrets Act (DTSA) permits an owner to sue for misappropriation of a trade secret related to a product or service used in, or intended for use in, interstate or foreign commerce.
Under the DTSA, information must have independent economic value from its secrecy and the owner must take reasonable measures to keep it secret. Not every confidential document qualifies. State trade secret, contract, and unfair competition law may also apply; the governing rules, overlap among claims, and available remedies depend on the jurisdiction.
What must be established?
- The particular information claimed as a trade secret and its competitive value.
- Ownership or other qualifying rights, and the scope of any permitted use.
- Reasonable secrecy measures in the circumstances.
- Improper acquisition, use, or disclosure under the governing law.
What does the record show?
We examine confidentiality agreements, access controls, disclosure history, electronic evidence, and the parties’ actual conduct. Policies, training, and employee acknowledgments may be relevant evidence; none is a universal statutory checklist for protection.
Independent development, public availability, and authorized use may defeat or narrow a claim. Contractual confidentiality protections may extend to information that does not qualify as a trade secret.
Reconstruct what happened
Electronic Evidence & Forensic Investigation
Access is not the same as misuse. A file transfer does not explain itself. Careful reconstruction can establish a timeline, identify the people involved, and test competing explanations.
- Email & electronic communications
- Cloud storage
- File downloads & transfers
- Access logs & metadata
- Customer databases
- Source code & technical records
- Financial transactions
- Forensic analysis
- Expert testimony
We plan preservation, collection, and discovery with attention to authenticity, chain of custody, privilege, and the protection of sensitive material. Forensic and financial experts may help distinguish ordinary business activity from improper acquisition or use—and connect conduct to claimed loss.
When the evidence points to internal diversion, we also assess business partner theft and potential derivative actions for breach of fiduciary duty and fraud.
A disciplined method
Our Litigation Approach
Trade secret disputes can turn on contradictory records and contested business relationships. Our Napkin Litigation® methodology helps reconstruct those relationships and connect ownership, evidence, and financial exposure.
Protect & Audit
Preserve evidence, identify disputed information, reconstruct the business relationship, and assess immediate protective measures.
Test Governance
Establish ownership, contractual authority, confidentiality obligations, permitted use, and the measures taken to protect proprietary information.
Integrate Strategy
Reconcile documents, electronic records, testimony, and financial evidence to build claims, defenses, discovery objectives, and damages theories.
Recover & Stabilize
Pursue or oppose injunctions, evaluate recovery and financial exposure, and develop strategies that account for the client’s business objectives.
Explore the Napkin Litigation® Framework and its four interconnected phases.
Connect the conduct to the economics
Damages, Lost Profits & Financial Exposure
Proving liability and proving recoverable damages are separate legal questions. A substantial demand still requires a supported measure of loss.
Evaluate potential recovery
Depending on governing law, remedies may include actual loss, unjust enrichment not already counted in actual loss, or a reasonable royalty. Lost profits require evidence connecting the misconduct to the loss. Under the DTSA, willful and malicious misappropriation may support enhanced damages of up to twice the compensatory award; attorney’s fees require specified statutory grounds.
Test the claimed exposure
We examine causation, apportionment, alternative explanations for lost sales, and duplication among claimed remedies. Financial records and expert analysis can test whether alleged gains came from disputed information, independent work, market conditions, or other factors. The available measure and proof requirements vary by claim and jurisdiction.
Litigation grounded in the business
Why Businesses Choose Lieb at Law
- Plaintiff and defense representationEvaluate both the claim and the response it must withstand.
- Complex commercial litigationAccount for overlapping contracts, business relationships, and competing legal theories.
- Contractual and ownership analysisIdentify who holds the rights and what the agreements actually permit.
- Electronic evidence and forensic strategyBuild the factual record around reliable preservation and targeted investigation.
- Business-focused litigation decisionsWeigh urgency, disruption, cost, and practical objectives at each stage.
- Legal strategy and financial exposureConnect claims and defenses with supportable damages and recovery objectives.
Our litigation practice areas address the related disputes that may shape a trade secret matter.
Questions businesses ask
Frequently Asked Questions
Can I sue a former employee for stealing customer lists?
Potentially. A customer list is not automatically a trade secret. Its contents, availability from public sources, competitive value, and secrecy measures matter. Confidentiality obligations and the way the information was obtained or used may also support claims.
Can I sue a competitor for stealing trade secrets?
Potentially, if the evidence establishes protected information and legally actionable acquisition, use, or disclosure. A competitor’s knowledge of the source and any confidentiality duties can matter. Similar products or shared customers alone do not establish theft.
Can I stop a former employee from using confidential business information?
An injunction may be available if the governing legal standards are met. Counsel must identify the information, supporting evidence, threatened or ongoing harm, and appropriate scope of relief. Under the DTSA, an employment restraint cannot rest merely on information the employee knows.
Can I sue for trade secret theft without a non-compete agreement?
Yes, a non-compete is not required to assert a trade secret claim. You still must establish the elements of the claim, including legally protected information and misappropriation. Confidentiality agreements and other evidence may help establish duties and secrecy measures.
What if my company is accused of trade secret theft?
Preserve relevant records and promptly consult litigation counsel. Review what information was received, who accessed it, and how it was used. Avoid deleting files or conducting an improvised investigation that changes evidence. Defenses may include public availability, authorized use, independent development, or lack of causation.
What damages can be recovered in a trade secret lawsuit?
Depending on the law and proof, recovery may include actual loss, nonduplicative unjust enrichment, or a reasonable royalty. Enhanced damages and attorney’s fees require additional statutory conditions. Financial evidence, causation, and expert analysis often determine what can be recovered or successfully challenged.
Discuss your dispute
Protect Your Business. Understand Your Rights. Develop Your Litigation Strategy.
If your business information is at risk or your company faces trade secret or unfair competition allegations, speak with Lieb at Law about the evidence, immediate priorities, and litigation options.
646.216.8009This page provides general information, not legal advice. Contacting Lieb at Law does not create an attorney-client relationship. Do not submit confidential information before the firm completes a conflict review and agrees to represent you. Results depend on the facts and applicable law.