Excerpt from Practical Guidance

Prelitigation Steps For Trade Secret And Noncompete Cases

Law360, New York (September 27, 2016, 5:16 PM EDT) -- This practice note addresses prelitigation steps and strategies for responding to trade secret misappropriation and breach of restrictive covenant litigations. It discusses the following steps you should take on behalf of an employer in assessing and addressing restrictive covenants and potential breaches of them:

Step 1: Evaluate Legal Options and Remedies

  Step 2: Conduct a Preliminary Investigation (Including Determining Whether to Engage Law Enforcement)

  Step 3: Send Continuing Obligations or Cease-and-Desist Letters to the Former Employee and new Employer

  Step 4: Discuss the Advantages and Disadvantages of Pursuing Litigation With the Employer

  Step 5: Send Litigation Hold...

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