Trade Secrets
Ourย Trade Secret Services Team blends the talent of our seasoned investigative and litigation attorneys with the technical sophistication of our intellectual property team and the wide-ranging knowledge of our labor and employment law attorneys to assist our clients with designing, implementing and achieving their trade secret protection goals.
With the increasing difficulty of protecting software and other computer-implemented technologies through patents, and the passage of the Defend Trade Secrets Act (DTSA) in 2016, companies across diverse industries have been relying more on trade secrets to protect their proprietary information and intellectual property.
Our team has the experience to handle all aspects of trade secret protection including:
- counseling clients on best practices for protecting their own trade secrets and managing risk associated with onboarding new employees;
- drafting related policies and procedures;
- conducting investigations of our own clientsโ documents and systems as well as those of competitors to identify theft of trade secrets;
- negotiating efficient resolutions with individuals and companies who have violated our clientsโ trade secrets, and,
- bringing and defending substantial trade secret and related claims in arbitration, state and federal courts around the country, and the International Trade Commission (ITC). ย
We have forged strong relationships with foreign counsel to assist our clients with obtaining or enforcing relief that may span international borders.ย Members of our team also have extensive government experience, including the oversight of the investigation and prosecution of trade secrets by foreign countries and their proxies as Chief of the Counterintelligence and Export Control Section at the Department of Justiceโs National Security Division.
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Experience
Representative examples of our experience include:
- Obtained $3.5 million judgment for a global industrial leader as part of a business dispute in federal court involving trade secret misappropriation claims and counterclaims.
- Successfully defended and resolved theft of trade secret, violation of non-disclosure agreements, and related claims in federal action against emerging technology company and principals arising out of business dispute over mobile vending technology.
- Defeated a preliminary injunction application in a federal court proceeding involving claims for breach of restrictive covenants and misappropriation of trade secrets thereby freeing up highly successful sales executive to take on key high-level role with our clients after leaving position with direct competitor.
- Successfully resolved a federal trade secret litigation on behalf of a financial services company against an employee who stole confidential client lists and other trade secrets to start his own company.
- Assisted several companies in conducting internal investigations concerning the theft of intellectual property through insider threats or cyber intrusions.
- After filing suit alleging employee stole trade secret customer list and started competing business with infringing trademarks, obtained a settlement forcing new company to change its name, admit to the theft of trade secret, and enjoin further access to the customer list.
- Successfully counseled client who received allegations of trade secret misappropriation in connection with hiring new employee, resulting in de-escalation of the dispute.
- Successfully assisted client in pursuing federal trade secret theft claims against a Chinese company that stole the design of aircraft windows from a US glass manufacturer.