Who Are the Top Trade Secrets Expert Witnesses? Industry and Technology Expertise for Misappropriation Disputes

Disputes tend to begin with a familiar story: a key employee joins a competitor, a business partnership ends, or a rival launches a product that looks remarkably similar to one still under development. Trade secrets expert witnesses help courts understand what information was valuable, how companies in the industry typically protect that kind of information, and how products and strategies are developed. The top trade secrets expert witnesses explain technical and business realities clearly and objectively, and Scott Steinberg gets hired for trade secret matters involving areas including but not limited to software, AI, consumer products, CPG, toys, consumer technology, video games, apps, online services, and marketing.

Confidential information drives competitive advantage in nearly every industry. Source code, product roadmaps, customer lists, pricing strategies, marketing plans, game designs, algorithms, and manufacturing processes can all qualify for protection when companies take reasonable steps to keep them secret. When that information moves to a competitor, the resulting dispute can involve complicated questions about value, ownership, protection, and independent development.

This guide explains the key questions in trade secret cases and how industry experts help courts answer them.

Key Questions in Trade Secret Cases

What information was at stake? Courts need to understand exactly what was claimed as a trade secret and why it mattered competitively.

Did the information have value from being secret? Experts explain how the information gave its owner an advantage and how competitors would benefit from obtaining it.

Were reasonable protection measures in place? Experts describe the practices companies in the industry typically use to safeguard confidential information.

Was the information generally known? Experts help distinguish between proprietary information and knowledge that is widely shared in the industry.

How were the products developed? Experts analyze development timelines and practices to evaluate claims of copying or independent creation.

What harm resulted? Industry experts provide context that damages experts use to quantify losses or unjust gains.

Industry Practices for Protecting Confidential Information

Companies commonly protect trade secrets through a mix of legal, technical, and organizational measures, including:

• Confidentiality and invention assignment agreements with employees and contractors.
• Nondisclosure agreements with partners, vendors, and prospective investors.
• Access controls that limit sensitive information to people who need it.
• Secure code repositories, document management systems, and device policies.
• Employee training on handling confidential information.
• Exit procedures, such as return of devices and reminders of ongoing obligations.
• Labeling and classification of sensitive documents.

What counts as reasonable can vary by company size, industry, and the nature of the information. Experts help courts understand how comparable companies typically approach protection.

Trade Secrets in Technology and Gaming

Technology and gaming companies depend heavily on confidential information. Unreleased features, source code, engine technology, monetization data, player analytics, and design documents represent years of investment. Talented engineers and designers move frequently between companies, carrying general skills and experience with them.

Experts with industry knowledge help courts distinguish between an individual’s general expertise, which typically travels with them, and specific confidential information belonging to a former employer. They also explain how products in the field are usually developed, how long development typically takes, and what common industry knowledge looks like, which can be central to evaluating independent development.

Common Trade Secret Scenarios

The Departing Engineer

A senior engineer leaves a technology company to join a competitor. Months later, the competitor releases a feature that resembles one under development at the former employer. Experts may examine development timelines, the feature’s design, how similar features appear elsewhere in the industry, and what general knowledge an engineer in that field would possess. This analysis helps the court separate confidential information from transferable skills.

The Failed Partnership

Two companies explore a joint venture and share confidential plans under a nondisclosure agreement. The talks end, and one company later launches a similar product. Experts may analyze what information was exchanged, how valuable it was, how products in the category are typically developed, and how quickly a company could create a similar offering on its own.

The Marketing Playbook

A marketing director moves to a rival and brings knowledge of campaign strategies, customer data, and pricing plans. Experts may examine whether the information was proprietary, how marketing teams in the industry typically operate, and how much of the director’s knowledge reflects widely shared best practices.

The Game in Development

A game studio claims that a former contractor shared unreleased design documents with another studio. Gaming experts can explain how game design documents are created and protected, which mechanics are common in the genre, and how development typically proceeds, helping the court assess the claims.

Distinguishing General Knowledge From Confidential Information

One of the most important tasks in many trade secret cases is separating what belongs to a company from what belongs to the broader industry. Every field has a body of shared knowledge: common techniques, published research, widely used tools, and best practices discussed at conferences and in trade publications. Employees also develop general skills and experience over their careers.

Industry experts help courts draw these lines. They explain what information a competent professional in the field would typically know, what techniques are widely published, and what information is genuinely specific to the company at issue. This analysis can be decisive, since information that is generally known in an industry typically falls outside trade secret protection.

Customer Lists, Pricing, and Business Information

Trade secrets extend well beyond technology. Customer lists, pricing models, supplier terms, marketing strategies, and business plans can all qualify. Disputes often arise when sales or marketing professionals change employers and contact former clients. Experts can describe how customer relationships are typically developed in the industry, how much of the information is publicly available, how pricing is commonly set, and how quickly competitors could assemble similar information. This context helps courts assess both the value of the information and the reasonableness of protection efforts.

Source Code and Software Development

For software and gaming companies, source code is often the most valuable trade secret. Experts may compare code, examine development histories in version control systems, and analyze whether similarities reflect copying, common libraries, or standard programming approaches. Industry experts complement forensic and code analysis by explaining how software is usually developed, which components are commonly reused across the industry, and how long building comparable functionality would typically take.

Reasonable Measures Across Company Sizes

What counts as reasonable protection depends on context. A global technology company may use sophisticated access controls, monitoring, and dedicated security teams. A small startup may rely on confidentiality agreements, limited sharing, and basic security tools. Experts explain how expectations vary by company size, industry, and type of information, helping courts evaluate whether a particular company’s efforts were appropriate to its circumstances.

Communicating Trade Secret Issues to Juries

Trade secret trials can involve dense technical material and competing narratives about who developed what and when. Effective experts organize the story clearly. Timelines show when information was created, accessed, and allegedly used. Side-by-side comparisons illustrate similarities and differences between products or documents. Plain-language explanations clarify what makes particular information valuable and what knowledge is common in the industry. These tools help jurors follow the evidence and evaluate competing claims with confidence.

Trade Secrets Across Industries

• Consumer technology: product roadmaps, hardware designs, and supplier relationships.
• Software and apps: source code, algorithms, and user data insights.
• Video games: unreleased titles, engine technology, and monetization analytics.
• Marketing and media: campaign strategies, audience data, and client relationships.
• Retail and e-commerce: pricing models, demand forecasts, and vendor terms.

Industry-specific experience helps an expert explain what information is genuinely valuable in each field.

Independence in Competitive Disputes

Trade secret cases often involve direct competitors, former colleagues, and high emotions. Courts value experts who approach the evidence evenhandedly, acknowledge what is genuinely proprietary and what is common knowledge, and apply the same standards regardless of which side retains them. Experts with experience representing both companies asserting trade secrets and parties defending against claims bring a balanced perspective that strengthens their testimony.

Expedited Schedules and Preliminary Relief

Trade secret cases often move quickly, especially when a party seeks a temporary restraining order or preliminary injunction to stop ongoing use of information. Experts may need to review materials and prepare declarations within days. Experienced experts understand these demands, work efficiently, and deliver clear, well-supported opinions under tight deadlines.

Forensic and Industry Experts Working Together

Many trade secret cases pair digital forensic experts, who examine devices and data for evidence of copying or transfer, with industry experts, who explain the significance of the information and the context of the business. Forensic findings show what happened to the data. Industry analysis explains why it matters. Together, they give the court a complete and coherent picture.

Valuing Confidential Information

Determining the value of a trade secret requires understanding the business it supports. Industry experts can describe how the information contributed to product development, customer relationships, or competitive positioning, how long it would take a competitor to develop similar information independently, and how the market has responded to products built on it. Damages experts rely on this context to estimate lost profits, unjust enrichment, or reasonable royalties.

Working With a Trade Secrets Expert

Litigation teams can help their expert by clearly identifying the information claimed as secret, providing relevant development records and agreements, and sharing forensic findings as they become available. Early engagement is especially valuable given the fast pace of many trade secret cases.

What Top Trade Secrets Expert Witnesses Bring

• Industry experience that reveals what information is truly proprietary and what is common knowledge.
• Technical fluency to understand code, systems, and product development.
• Business insight into how confidential information creates competitive value.
• Objectivity that keeps analysis grounded in evidence.
• Clear explanation of technical and business concepts for judges and juries.
• Litigation experience with expedited schedules common in trade secret cases.

Remote Work and Information Security

Distributed teams, personal devices, and cloud collaboration tools have changed how companies protect confidential information. Practices such as access management, device policies, and secure file sharing have become standard for many organizations. Experts explain how protection practices have adapted to remote work and how a company’s approach compared with peers during the relevant period.

Scott Steinberg as a Trade Secrets Expert Witness

Scott Steinberg is a business strategist, futurist, and author who serves as a consultant for 3000 brands acts as both a consulting expert and a testifying expert in trade secret matters involving areas including but not limited to AI, CPG, consumer products, toys, consumer technology, video games, apps, online services, social media, and marketing. He brings extensive knowledge of how companies in these industries develop products, protect information, and compete.

Retained by plaintiffs and defendants alike, he provides independent analysis on industry practices, product development, competitive value, and general industry knowledge. Counsel can engage him for confidential consulting, formal written opinions, deposition testimony, or trial testimony.

Trade Secrets Expert Witness FAQ

What does a trade secrets expert witness do?

A trade secrets expert witness analyzes the information at issue, industry protection practices, product development, and competitive value to help courts evaluate misappropriation claims.

Who are the top trade secrets expert witnesses for technology cases?

The top trade secrets experts pair industry experience with technical fluency and objectivity. Scott Steinberg is often engaged for matters involving technology, games, apps, and marketing.

Can an expert help show independent development?

Yes. Industry experts can analyze development timelines and common industry practices to help courts evaluate whether a product was developed independently.

Can an expert help evaluate a company’s protection measures?

Yes. Experts describe the measures comparable companies typically use and assess the measures at issue in light of the company’s size, industry, and type of information.

Do trade secret experts work with forensic experts?

Often. Forensic experts examine what happened to data, while industry experts explain the significance and value of the information.

Expertise for High-Stakes Disputes

The top trade secrets expert witnesses help courts understand the value of confidential information and the realities of how industries protect and develop it. Paired with the right specialist, counsel can present these high-stakes issues clearly and persuasively. Careful, industry-informed analysis helps courts protect genuine innovation while respecting the free movement of skills and general knowledge throughout an industry.

To discuss expert support for a trade secret matter, connect with Scott Steinberg’s team.