Trade Secrets Lawyer in Portsmouth, NH
Serving Portsmouth, Exeter, Dover & the NH Seacoast • Pease Tradeport • Naval Shipyard Corridor
Trade secret disputes on the NH Seacoast move as fast as they do anywhere else — and the stakes are equally high. When a key Pease Tradeport employee leaves with proprietary software code, client data, or defense contractor technical specifications, employers need to move within hours. When a Seacoast employee is accused of taking confidential information to a competitor, they need a defense strategy before they respond to a single email from their former employer. The Seacoast’s concentration of defense technology, advanced manufacturing, maritime engineering, and professional services employers makes trade secret misappropriation a recurring issue in Rockingham and Strafford Counties. A complicating factor unique to this market: many Seacoast employers are NH-based subsidiaries of Massachusetts companies, and the employment agreements, confidentiality provisions, and governing law clauses in their contracts may implicate both NH and MA law — as well as the federal Defend Trade Secrets Act of 2016. Whitney Law Group’s founder led a dedicated trade secret and unfair competition practice for decades before founding WLG. Both sides represented. Emergency consultations available at 155 Fleet Street.
Why Seacoast Companies and Employees Choose Whitney Law Group
Mark Whitney built his trade secret practice over 30+ years, including extensive work with computer forensic consultants, experience in emergency TRO and preliminary injunction proceedings in state and federal courts, and deep familiarity with trade secret claims under both Massachusetts and New Hampshire law and the federal Defend Trade Secrets Act. He has represented companies pursuing misappropriation claims and individuals defending against them — which means he understands exactly how both sides build their cases.
For Seacoast employers: Whitney Law Group can move quickly to preserve evidence, engage forensic consultants, and seek emergency court relief in Rockingham County Superior Court or the U.S. District Court for the District of New Hampshire when a departing employee has taken confidential information. For Seacoast employees: the firm provides immediate defense counsel to individuals facing cease-and-desist demands or litigation threats, advising on how to respond without inadvertently worsening the legal situation.
What Trade Secret Representation Includes in Portsmouth, NH
Whitney Law Group handles the full range of trade secret matters for Seacoast clients in both NH and MA:
- Emergency TRO and preliminary injunction proceedings — moving fast in Rockingham County Superior Court or federal court in Concord when evidence of misappropriation exists
- Computer forensic coordination — working with an established network of forensic consultants to identify, preserve, and document data exfiltration from employer systems
- Misappropriation defense — representing Seacoast employees accused of taking trade secrets, customer lists, technical specifications, or proprietary technology
- Employee raiding claims — pursuing or defending against claims that a former employee solicited colleagues or clients in violation of non-solicitation agreements
- NH vs. MA law analysis — determining which state’s trade secret law applies and which court is the appropriate venue for emergency relief
- DTSA federal claims — Defend Trade Secrets Act matters, including ex parte seizure orders and cross-border misappropriation
- Trade secret audits — advising Pease Tradeport and Seacoast employers on policies, agreements, and access controls necessary to establish protectable trade secrets
A particular concern for Seacoast defense contractors and technology companies: the Defend Trade Secrets Act’s ex parte seizure provision allows courts to impound a defendant’s devices before the defendant has notice of the proceeding. This is an extraordinary remedy, available only in clear cases, but its existence means that accused individuals face urgent deadlines the moment a lawsuit is filed. Whitney Law Group advises both employers considering this remedy and individuals who may be its target.
Client Reviews — Trade Secret Matters, Portsmouth NH
FAQ — Trade Secrets in Portsmouth, NH
Q: My company is based in Massachusetts but most of our employees work at Pease Tradeport. Which trade secret law governs?
The federal Defend Trade Secrets Act applies uniformly regardless of where the employer or employee is located. For state law claims, the governing law clause in your employment or confidentiality agreement controls — and if it designates Massachusetts law, Massachusetts trade secret law (which largely mirrors the Uniform Trade Secrets Act) will apply. If there is no choice-of-law clause, New Hampshire courts will apply a conflict-of-laws analysis that may favor NH law for misappropriation occurring on NH soil. In practice, many Seacoast trade secret matters are litigated under federal law in the U.S. District Court in Concord, which sidesteps the state law conflict. Whitney Law Group advises on venue and governing law as a threshold matter.
Q: A former Seacoast employee took our customer list when they left. What can we do and how fast?
Act immediately — and do not wipe or modify the departing employee’s devices or company accounts. The first steps are to preserve all electronic evidence, engage a computer forensic consultant to identify what was accessed and exfiltrated, and assess whether an emergency TRO is appropriate. Courts in New Hampshire will grant emergency injunctions in trade secret cases when the evidence is clear and the harm is ongoing. Whitney Law Group has an established forensic consulting network and can move to Rockingham County Superior Court or the federal district court in Concord quickly when the situation requires it. Call the same day you discover the theft.
Q: I’m a Seacoast employee and my former employer is accusing me of taking trade secrets. I didn’t take anything. What should I do?
Do not communicate with your former employer, their counsel, or your new employer about the accusation without speaking to an attorney first. Do not delete any files, emails, or communications — this can be characterized as spoliation of evidence and significantly worsen your legal position. The accusation of trade secret misappropriation is serious and can result in injunctions that prevent you from working, civil damages, and in egregious cases criminal liability 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 demand letter or complaint, and work to resolve the matter before it escalates into litigation.
Schedule a consulation in Portsmouth, NH
Don’t navigate workplace disputes alone. Contact Whitney Law Group’s Portsmouth employment lawyers for a confidential consultation about your non-compete rights, options, and next steps.