Trade Secrets Attorney in Boston, MA
Serving Boston’s Financial District, Seaport, Cambridge Biotech Corridor & Greater Boston
Trade secret disputes don’t wait. When a key employee leaves with confidential information, takes client lists, or joins a competitor, employers need to move within hours, not days. When an employee is accused of misappropriation, they need a defense strategy before they respond to anything. Boston is home to some of the most active trade secret litigation in the country, concentrated in Cambridge’s biotech corridor, the Seaport’s innovation economy, and the Financial District’s asset management and fintech firms. Whitney Law Group’s founder, Mark Whitney, led the Non-Compete, Trade Secret, and Unfair Competition practice at one of Boston’s largest management-side employment firms before founding WLG. He has represented companies and individuals in trade secret disputes under Massachusetts’ common law, the Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act of 2016. If you have a trade secret emergency, on either side, call immediately.
Why Boston Companies and Executives Choose Whitney Law Group
Most employment attorneys dabble in trade secret matters as a subset of non-compete work. Mark Whitney built a dedicated trade secret practice over 30+ years, including extensive work with computer forensic consultants, experience in emergency TRO and preliminary injunction proceedings, and deep familiarity with how courts in Massachusetts evaluate misappropriation claims under both state and federal law.
Whitney Law Group represents both sides: companies protecting confidential business information, customer relationships, and proprietary technology; and individuals accused of misappropriation who need an experienced defense. The firm’s dual perspective is a genuine advantage, understanding how companies build misappropriation cases informs how to defend them, and vice versa. Located at 201 Washington Street in the Financial District, steps from Suffolk Superior Court and the federal courthouse. By Appointment. Schedule a free consultation.
What Trade Secret Representation Includes in Boston
Whitney Law Group handles the full range of trade secret matters for Boston-area clients:
- Emergency TRO and preliminary injunction proceedings – moving fast when a departing employee has taken confidential information
- Computer forensic coordination – working with established forensic consultants to identify and document data exfiltration
- Misappropriation defense – representing employees accused of taking trade secrets, customer lists, or proprietary technology
- Employee raiding claims – pursuing or defending against claims that a former employee solicited colleagues or clients in violation of restrictive covenants
- Trade secret audits and prevention – advising companies on policies, agreements, and practices to establish protectable trade secrets and reduce litigation risk
- DTSA claims – federal Defend Trade Secrets Act matters, including cross-border and multi-state disputes
The Defend Trade Secrets Act of 2016 federalized much of trade secret law and introduced powerful new tools, including ex parte seizure orders that allow courts to impound a defendant’s devices before they have notice of the proceeding. Whitney Law Group advises clients on when federal versus state court is the better venue and what emergency remedies are realistically available in their situation.
Client Reviews: Boston Trade Secret Matters
“Mark and his Team were the only firm who had experience with my case in 3 states and was willing to take it on. No small task and he helped me get more of a settlement and helped me make a case for justice. The lessons learned was worth it!”
Client Name Withheld
Engineering Director, Publicly Traded Defense Contractor
“When I needed an attorney to handle a contentious employment matter, Mark came highly recommended (“Reach out to Mark. No question. He’s the best”). After working with Mark and his colleague, Maureen, on a complex matter related to a former employer’s NDA, I wholeheartedly agree. Mark is incredibly knowledgeable, strategic, and extremely thorough in every regard. His style is direct yet empathetic, which was displayed when he helped guide me through what was a very trying situation. His colleague Maureen is also great. She was accessible when needed, is super sharp, and thoughtful within every interaction. What was also refreshing to experience, was how both Mark and Maureen always kept things on track, which was appreciated as legal matters can get costly. In the end, the outcome was an extremely positive one and I will forever be thankful to Mark and Maureen for their help and their professionalism. If you ever are in need of a legal team to handle an employment matter, you need to work with Mark and Maureen. No question, they are the best.”
Client Name Withheld
VC Technology Executive
FAQ: Trade Secrets in Boston, MA
Q: What qualifies as a trade secret under Massachusetts law?
Under Massachusetts law and the federal Defend Trade Secrets Act, a trade secret is information that derives independent economic value from not being generally known or readily ascertainable, and that the owner takes reasonable measures to keep secret. This includes formulas, programs, compilations, methods, techniques, customer lists, pricing strategies, manufacturing processes, and financial data. Critically, the “reasonable measures” requirement means you must actively protect the information, confidentiality agreements, access restrictions, and data security protocols aren’t just good practice, they are prerequisites to having an enforceable trade secret claim.
Q: A former employee took our client list when they left. What can we do?
Act immediately. The first steps are to preserve evidence (do not let the employee’s devices be wiped), engage a computer forensic consultant to document what was taken and when, and assess whether a temporary restraining order is appropriate. Courts in Massachusetts will grant emergency TROs in trade secret cases when the evidence is clear and the harm is imminent. Whitney Law Group has an established network of forensic consultants and can move to court quickly when the situation requires it. Call the same day you discover the theft.
Q: My former employer is accusing me of taking trade secrets. I didn’t take anything confidential. What should I do?
Do not communicate with your former employer, their counsel, or your new employer about the matter without legal advice first. Anything you say, by email, phone, or in person, can be used in litigation. The accusation of trade secret misappropriation is serious: it can result in injunctions that prevent you from working, civil damages, and in egregious cases criminal prosecution under the DTSA. Whitney Law Group defends individuals in these situations and will immediately assess the strength of the employer’s position, advise on how to respond to any cease-and-desist or litigation threat, and work to resolve the matter before it escalates.
Schedule Your Free Consultation Today.
Don’t navigate workplace disputes alone. Contact Whitney Law Group’s Boston employment lawyers for a free, confidential consultation about your trade secrets employment rights, options, and next steps.