Trade Secret Misappropriation Expert Witnesses

Trade secret misappropriation is the unauthorized acquisition, use, or disclosure of a company’s confidential, economically valuable information — such as source code, algorithms, customer lists, or proprietary designs — without the owner’s consent.

In the digital age, this is all too common: a former employee or contractor can walk away with a flash drive full of trade secrets in minutes. Customer lists, design documents, schematics, source code, and knowledge accumulated over years of experience can all be taken with relative ease. Trade secret misappropriation claims are governed by the state-level Uniform Trade Secrets Act (UTSA) and, since 2016, by the federal Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1839, which expanded trade secret litigation into federal court.

DisputeSoft’s trade secret misappropriation experts provide forensic investigation, source code comparison, and expert witness testimony to help attorneys determine whether a trade secret exists and whether it was misappropriated.

Assessing Whether Trade Secrets Are Actually “Secrets”

The software industry is in a constant state of flux – yesterday’s “secret” may quickly become public knowledge. DisputeSoft’s experts analyze the state of the software industry at precise points in time to examine whether a trade secret was indeed not publicly known at the time of the alleged misappropriation. Not only does our team of experts examine the state of the art during the relevant timeframe to determine whether the claimed trade secret was in the public domain, but we also investigate whether the owner of claimed trade secrets took reasonable precautions to preserve their secrecy.

How We Can Help

Investigating Whether Trade Secrets Were Misappropriated

In addition to determining whether certain intellectual property does in fact qualify as a trade secret, DisputeSoft’s experts also assist counsel in investigating whether a claimed trade secret has actually been misappropriated.

Our forensic investigators examine both the plaintiff’s computer system to find evidence of the defendant’s unauthorized removal of trade-secret material, as well as the defendant’s system for indications that the trade-secret material is in the defendant’s possession.

We also offer pre-litigation trade secret assessment to help determine if a case can be mediated successfully before litigation.

FAQs About Trade Secret Misappropriation

What does a trade secret misappropriation expert witness do?

A trade secret misappropriation expert witness examines the technical and factual record in a dispute, including source code, product documentation, and access logs, to help the court determine whether the information at issue qualifies as a trade secret and whether it was actually misappropriated. DisputeSoft’s experts assess trade secret validity, conduct forensic investigations, compare plaintiff and defendant software, and provide independent, objective, and defensible expert reports and testimony.

What qualifies as a trade secret under the DTSA and UTSA?

Under both the Uniform Trade Secrets Act and the Defend Trade Secrets Act, information qualifies as a trade secret if it derives independent economic value from not being generally known or readily ascertainable, and if its owner has taken reasonable measures to keep it secret. However, each state has its own specific implementation of the standard UTSA definition, so there are some scope variations. DisputeSoft’s experts evaluate both elements, including whether the claimed trade secret was disclosed in patents, copyright filings, or other public sources.

How does DisputeSoft determine whether a trade secret was actually misappropriated?

DisputeSoft’s forensic investigators examine the plaintiff’s systems for evidence that indicate whether trade-secret material was removed without authorization and examine the defendant’s systems for evidence that the material is in the defendant’s possession. Where the claimed trade secret involves software, our experts also compare the plaintiff’s source code and product against the defendants to determine whether the same information appears.

When should I engage a trade secret expert witness?

Trade secret disputes often benefit from early technical input, before litigation is filed. DisputeSoft offers pre-litigation trade secret assessments to help counsel evaluate the strength of a claim, preserve evidence, and develop case strategy before the stakes increase.

Does DisputeSoft work with both plaintiffs and defendants in trade secret cases?

DisputeSoft’s experts work with parties on either side of trade secret misappropriation matters, including cases where no misappropriation has ultimately occurred. Our role is to provide an independent technical analysis, regardless of which side retains us.

How do I get started with a case evaluation?

To get started, contact DisputeSoft for a confidential case evaluation. Our experts will review the trade secret allegations in your matter and provide a candid assessment of the case’s technical strengths and weaknesses. For matters that haven’t yet reached litigation, we also offer pre-litigation trade secret assessments — including evidence preservation guidance and discovery planning — to help you develop a well-grounded strategy before filing.