A trade secret investigation is a fact-finding process conducted by a licensed private investigator to identify whether a company's proprietary information, such as formulas, processes, client lists, or business strategies, has been unlawfully accessed, copied, or disclosed. Investigators gather evidence that may support civil litigation or internal disciplinary action under applicable trade secret laws.
A trade secret investigation looks into whether someone inside or outside your company took confidential business information they were not authorized to share or use. This could involve a former employee, a business partner, or a competitor. The goal is to document what happened, who was involved, and how the information was accessed or transferred.
A software company suspects a departing engineer copied proprietary source code before resigning and may have brought it to a competitor. A manufacturing firm believes a former sales director shared a confidential client list with a rival business after being terminated. A startup discovers that a product it spent years developing appears to have been replicated by a business partner who had limited access to its internal documentation.
Licensed private investigators can conduct lawful surveillance, interview willing witnesses, review publicly available records, and assist in documenting evidence of unauthorized disclosure or competitive misuse. They cannot access private communications, sealed court records, or protected computer systems without authorization, and any evidence-gathering methods must comply with federal and state laws including the Defend Trade Secrets Act and applicable state statutes. Jurisdictional rules vary, so investigators and attorneys typically work together to ensure the investigation supports any potential legal action.
What kind of evidence does a trade secret investigation typically produce?
Investigators generally compile documented timelines, records of public activity, witness accounts from voluntary interviews, and open-source information that supports or contradicts a claim of misappropriation. In some cases, findings are presented in a written report that can be shared with an attorney or used to support a civil lawsuit. The specific deliverables depend on the scope of the investigation and the information available through lawful means.
How long does a trade secret investigation usually take to complete?
The timeline varies significantly depending on the complexity of the case, the number of individuals involved, and how much information is available through public and open-source channels. A straightforward investigation involving one subject and a clear paper trail may take a few weeks, while cases involving multiple parties or ongoing activity can take considerably longer. Your investigator should provide a realistic scope estimate before work begins.
