Trade Secret Misappropriation Legal Services

Secure Your Business-Critical Information

Your confidential information — from client lists and algorithms to manufacturing methods and business plans — is often more valuable than your physical assets. When that information is taken, leaked, or used without permission, it can devastate your competitive advantage, reputation, and future growth.

At The Jonathan Lea Network, we help SMEs prevent, investigate, and take legal action over trade secret misuse. Whether it’s a former employee leaking sensitive data, a competitor using your know-how, or a breach of an NDA, we work quickly and decisively to protect your interests and enforce your rights.

What Is Trade Secret Misappropriation?

Trade secret misappropriation occurs when someone acquires, uses, or discloses confidential business information without authority, particularly when the information has commercial value and reasonable steps were taken to keep it secret.

Unlike registered IP rights (such as patents), trade secrets are protected through contractual obligations and common law duties of confidentiality. There is no registration system in the UK for trade secrets — protection depends on the nature of the information and the actions you take to safeguard it.

What Qualifies as a Trade Secret?

The law defines a trade secret broadly. In commercial practice, it includes:

• Customer and supplier databases
• Pricing models and margin data
• Manufacturing processes and formulas
• Source code and proprietary software tools
• Business strategies and product roadmaps
• Technical data, drawings, and prototypes
• R&D information, test results, and know-how
  

To be legally protected, information must:

1. Be confidential (not generally known or easily accessible)
   
2. Have commercial value because of its secrecy
   
3. Be subject to reasonable steps to keep it secret
   

Common Scenarios We Handle

We regularly support clients facing or anticipating these types of situations:

• Departing employees taking confidential data: Staff who leave and take customer details, price lists, or source code to benefit themselves or their new employer.
  
• Misuse by contractors or consultants: Third parties with access to sensitive material using it for their own gain or disclosing it without consent.
  
• Data leaks from joint ventures or NDAs: Collaborations gone wrong where one party discloses or exploits confidential information learned during negotiations.
  
• Startups formed by ex-employees: New ventures that suspiciously resemble your business model or product after key staff have left.
  
• Unjustified accusations: If you or your company are accused of misusing a former employer’s or competitor’s confidential information, we can defend your position.
  

How We Help Protect Your Trade Secrets

Our legal support includes both proactive advice and rapid-response action when problems arise.

1. Initial Review and Legal Risk Assessment

We start by identifying:

• What information has been disclosed or taken
  
• Who may be involved
  
• What legal obligations exist (e.g. contracts, employment terms, fiduciary duties)
  
• How you stored and protected the information
  

We advise you on your strongest legal route and the urgency of any interim relief.

2. Cease and Desist Letters

If a breach has occurred or is imminent, we can issue a well-drafted letter demanding immediate cessation of use or disclosure, and the return or destruction of confidential information. We often include a deadline for compliance and a draft undertaking.

This action alone can often prevent further harm and lead to resolution.

3. Injunctions and Emergency Court Applications

Where fast action is needed, we can apply to the High Court for:

• An interim injunction to prevent further use or disclosure
  
• Search and seizure orders (Anton Piller orders) to preserve evidence
  
• Delivery up orders for devices or documents containing confidential data
  
• Freezing injunctions to prevent dissipation of assets
  

Speed and precision are essential. We can assemble a team of counsel, forensic IT experts, and solicitors to prepare and present your case urgently.

4. Litigation for Damages and Other Remedies

Where damage has been done, or the matter cannot be resolved privately, we can bring a full claim for breach of confidence, breach of contract, or unlawful means conspiracy. Remedies include:

• Injunctions to prevent further misuse
  
• Damages or an account of profits
• Orders for return and deletion of information
• Costs orders
  

Where necessary, we can also coordinate cross-border litigation if the misuse occurred or spread internationally.

Preventative Measures for SMEs

Many SMEs underestimate the importance of preventative legal and operational safeguards until something goes wrong. We help clients take sensible, proportionate steps such as:

• Strong confidentiality clauses in employment, contractor, and shareholder agreements
  
• Tailored NDAs for prospective clients, investors, or collaborators
  
• Exit checklists and data audit processes when staff or consultants leave
  
• Access restrictions and logging for sensitive systems and files
  
• Internal IP and confidentiality policies and training
  

Being able to show you took reasonable steps to protect your information is key to enforcing your rights in court.

Why Choose The Jonathan Lea Network?

Trade secret disputes require speed, discretion, and legal precision. We offer:

• Rapid response times: We act quickly to assess and respond to misuse, including out-of-hours support for urgent injunctions
  
• Trusted team of experts: We collaborate with IT forensic specialists, employment lawyers, and experienced IP barristers
  
• Balanced commercial approach: We always consider the broader impact on your business and reputation, not just legal points
  
• SME-focused service: We understand the resource pressures our clients face and tailor advice and cost planning accordingly
  

We offer clear, plain-English guidance from day one — no jargon, just practical solutions.