Trade Secret Evidence Preservation

A Checklist for Misappropriation Cases

Secrecy measures are evidence. Preserve them with the same rigour as the secret itself.

Identify and catalogue the trade secret — with sufficient legal particularity
Document secrecy measures — NDAs, access controls, physical security
Preserve evidence of the misappropriation — access logs, file transfers
Identify and preserve departing employee evidence — system and email logs
Assess cross-border evidence issues — blocking statutes, GDPR, PIPL
Apply litigation hold immediately — written notice to all custodians

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Questions courts ask

Was the information secret? Was it misappropriated? Your evidence must answer both — and evidence of secrecy measures is often as important as evidence of the misappropriation itself.

Day 0

Litigation hold timing

A litigation hold must be issued the moment a potential claim is identified — not when proceedings are filed. Every day of delay risks spoliation of critical evidence.

DTSA

US federal standard

The Defend Trade Secrets Act requires both that the information derives value from secrecy and that reasonable measures were taken to maintain it. Both require documentary evidence.

Key Principle

Evidence of reasonable steps to maintain secrecy is a required legal element in most trade secret claims — not just context. Preserve secrecy measure documentation with the same rigour as the evidence of misappropriation.

What's Inside

8 steps for trade secret cases.

I Identify and Catalogue the Trade Secret — with sufficient legal particularity

II Document Secrecy Measures — NDAs, access controls, physical security

III Preserve Evidence of the Misappropriation — access logs, file transfers

IV Preserve the Competing Product or Publication — competitor captures

V Identify and Preserve Departing Employee Evidence — system and email logs

VI Prepare Expert Evidence on Value and Secrecy — technical and economic experts

VII Assess Cross-Border Evidence Issues — blocking statutes, GDPR, PIPL

VIII Apply Litigation Hold Immediately — written notice to all custodians