Kohn Swift represents businesses injured by trade secrets theft. Trade secrets are confidential, sensitive, and/or proprietary information that give a business a competitive advantage by being known only to the business’s insiders. Theft or misappropriation of a business’s trade secrets is actionable under state and federal law.

The firm has represented a range of clients in trade secrets theft matters, from a fluid-hydraulics engineering firm whose confidential engineering drawings for a rocket-launch mechanism were misappropriated by a former employee and rival firm, to the owner of engineering drawings for high-end model trains.

Trade secrets can be among a business’s most valuable assets. They may include, among other things:

  • proprietary software
  • customer lists
  • designs
  • ingredients
  • formulae
  • methods
  • techniques
  • processes
  • devices
  • patterns


Courts in federal and state theft of trade secrets cases may award plaintiffs:

  • actual damages for financial losses sustained as a result of the theft, and
  • punitive damages for willful or malicious trade secret theft.

A court may also:

  • enjoin a defendant from further use or revelation (publication) of a misappropriated trade secret, or
  • order the defendant to pay royalties to the plaintiff if the defendant profits from the secret’s continued use.