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Dossiers internationaux
Practice review: a key employee leaving with trade secrets
When a key employee moves abroad with technology or clients, cross-jurisdiction enforcement must be timely and evidenced.
A typical scenario: an employee holding core technology or client relationships moves cross-border to a competitor, and the company suspects trade-secret misappropriation but faces cross-jurisdiction evidence and enforcement hurdles.
Success often turns on whether reasonable confidentiality measures were in place and whether evidence can be secured quickly.
The lesson: build a trade-secret program, use effective agreements and offboarding for key roles — the upfront defense is far more reliable than after-the-fact litigation.