Washington Trade Secrets · Playbook
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Legal perspectives for employers and employees

Washington Trade Secrets Playbook

A definitive guide for the trade secret issues facing Washington employers and their employees.

By John T. Bender

01

The Former Employer

Protecting and enforcing trade secrets after a key employee leaves — establishing the secret, identifying it with particularity, remedies, forensics, and what the loss of noncompetes means.

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02

The Departing Employee

The exposure a departing employee actually faces in Washington — memorized information, general skill versus protectable secrets, and the conduct that turns a defensible move into a losing case.

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03

The Hiring Employer

The sometimes-overlooked exposure that comes with hiring from a competitor — vicarious liability, the DTSA notice trap, the limits of inevitable disclosure, and clean-hands onboarding.

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The Statutory Regime

  • The Washington Uniform Trade Secrets Act
  • The Federal Defend Trade Secrets Act

Elements and Proof

  • The Framework
  • Independent Economic Value
  • Reasonable Efforts to Maintain Secrecy
  • “Readily Ascertainable”
  • Customer Lists and Memorized Information
  • Identification with Particularity

Remedies

  • Injunctive Relief
  • Compensatory Damages
  • Exemplary Damages
  • Attorney's Fees

The Limitations Period

  • The Limitations Period

Washington's Noncompete Statute

  • The Coming Noncompete Ban
  • Inevitable Disclosure

Displacement of Common Law Claims

  • Washington's Approach
  • Federal Approach
  • Practical Consequences

Adjacent Claims and Criminal Exposure

  • Adjacent Claims and Criminal Exposure

Washington Trade Secrets Playbook

A definitive guide for the trade secret issues facing departing employees and their employers.

Perspectives

  • The Former Employer
  • The Departing Employee
  • The Hiring Employer

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  • About John T. Bender

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© 2026 John T. Bender