In Manhattan’s fast-paced business environment, trade secrets and proprietary information are among a company’s most valuable assets. From proprietary software and client databases to business strategies and financial models, these assets give organizations a competitive edge. When these secrets are stolen or misused, the consequences can be devastating, resulting in lost revenue, damaged reputations, and weakened market position.

At Levy Goldenberg Law, we understand the high stakes involved in trade secret disputes. Our Manhattan-based team has extensive experience representing both plaintiffs and defendants in complex trade secret and proprietary information litigation, helping businesses protect what matters most and holding wrongdoers accountable.

What Qualifies as a Trade Secret in New York?

New York law defines a trade secret as information that is not generally known or readily ascertainable by competitors, that derives independent economic value from its secrecy, and that is subject to reasonable efforts to maintain its confidentiality. Examples recognized by New York courts include customer lists, pricing strategies, proprietary algorithms, business plans, and manufacturing processes.

Examples commonly protected include:

  • Customer lists and pricing strategies
  • Software code or algorithms
  • Marketing plans and proprietary processes
  • Manufacturing techniques and formulas

These protections are crucial in Manhattan’s dynamic business landscape, where innovation and data-driven strategies dominate.

Legal Protections for Trade Secrets

Businesses in New York can rely on both state and federal law to address misappropriation:

  • New York Common Law: Trade secret misappropriation claims can be brought under New York common law, which prohibits improper acquisition, disclosure, or use of confidential business information. Remedies include injunctions and damages.
  • Federal Law (DTSA): Since 2016, the Defend Trade Secrets Act has allowed businesses to pursue trade secret claims in federal court. The DTSA provides additional remedies, including exemplary damages (up to double) and attorney’s fees in cases of willful or malicious misappropriation, and it expressly protects whistleblowers.

These laws provide robust avenues to stop the misuse of confidential information and recover damages in Manhattan’s competitive market.

Common Scenarios of Trade Secret Misappropriation

Trade secret disputes in Manhattan often involve:

  • Employee Departures: Employees leaving to join competitors may improperly take confidential data.
  • Corporate Espionage: Competitors or external actors steal proprietary information for advantage.
  • Breach of Non-Disclosure Agreements: Former partners or contractors disclose sensitive information without authorization.
  • Whistleblower Disputes: DTSA includes whistleblower protections, but disputes may still arise concerning the scope of disclosure.

Remedies and Enforcement

In Manhattan, victims of trade secret misappropriation can pursue several remedies:

  • Injunctive Relief: Prevents further unauthorized use or disclosure.
  • Monetary Damages: Covers actual losses and any unjust enrichment gained by the misappropriator.
  • Punitive Damages: Available in cases of willful, malicious misappropriation.
  • Attorney’s Fees: In exceptional cases, plaintiffs may recover legal costs.

The statute of limitations for trade secret claims in New York is generally three years from the date of discovery, emphasizing the need for prompt action.

Why Choose Levy Goldenberg LLP?

Levy Goldenberg LLP stands out for its deep experience and strategic approach to trade secret and proprietary information litigation in Manhattan:

  • Comprehensive Representation: From identifying and safeguarding trade secrets to litigating complex disputes.
  • Strategic Guidance: Advising clients on internal safeguards and risk management.
  • Aggressive Advocacy: Defending clients against allegations or pursuing claims with precision and tenacity.
  • AI & Modern Data Risks: Our team understands the unique challenges posed by AI tools and digital data theft, ensuring your sensitive information remains protected.

We combine extensive legal knowledge with practical business insights, providing our clients with strategies tailored to Manhattan’s competitive environment.

Protect Your Business and Trade Secrets Today

When your proprietary information is at risk, every moment counts. Levy Goldenberg is ready to help Manhattan businesses defend against misappropriation, enforce their rights under the Defend Trade Secrets Act, and pursue remedies that preserve competitive advantage.

Contact Levy Goldenberg Law today for a consultation and take proactive steps to protect your most valuable business assets.