How much evidence is needed to win a trade secret misappropriation claim?

In order to win a trade secret misappropriation claim in Virginia, the plaintiff must prove two elements with evidence: (1) that a trade secret exists; and (2) that the defendant misappropriated the trade secret. The plaintiff must provide evidence to prove that the information at issue is a trade secret. This involves showing that the information (1) is not generally known or readily ascertainable; (2) is the subject of reasonable efforts to maintain its secrecy; and (3) has independent economic value. The plaintiff must further provide evidence that the defendant misappropriated the trade secret. This requires proof that (1) the defendant acquired the trade secret through improper means; or (2) the defendant used, disclosed, or had access to the trade secret without authorization. Evidence to prove these elements may include testimony from witnesses, emails and other documents, computer records, and other records. The amount of evidence needed will depend on the circumstances of the case. In general, the more evidence that is provided, the more likely it is that the court will rule in favor of the plaintiff.

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