We represent clients in litigation and transactions involving the protection or misappropriation of trade secrets.
Our lawyers handle high-stakes trade secret misappropriation cases, as well as the full spectrum of related claims, including conspiracy, tortious interference, breach of contract, unfair competition, and other statutory and common law claims before state and federal courts, as well as in arbitration and other proceedings.
Our multi-disciplinary team includes lawyers with experience in intellectual property, corporate and securities law, government contracts, employment, litigation, white-collar crime, and privacy and cybersecurity issues. We have substantial experience representing clients in a broad range of industries, including financial services, health care, aerospace and defense, government services, automotive, aerospace, technology, retail and real estate. This experience enables our team to provide tailored representation to clients for all of their trade secrets needs.
We have experience litigating claims involving corporate espionage, employee defections, government disclosures, breaches of confidentiality and related claims. We collaborate with our clients on early case strategies, and are well-versed in conducting expedited motions practice and discovery, including the use of forensic analysis. Likewise, we defend companies and individuals accused of unauthorized taking of information, devising legal and business strategies to best position our clients.
One of our key objectives is to help clients protect their most valuable trade secrets. We have substantial experience counseling clients on managing and protecting proprietary information. This includes assisting clients with the development of internal procedures and policies to prevent the unauthorized use or disclosure of company information and assets. Our team works on the entire range of applicable employment agreements, including confidentiality and non-disclosure, non-solicitation, and invention disclosures.
Our team also counsels clients on employment matters related to the hiring of employees from competitors. In addition, we assist clients involved in business-to-business transactions where confidential information is exchanged. For example, we support our clients in supplier and joint venture agreements, as well as in mergers, acquisitions and other transactions with the evaluation, licensing or transfer of trade secrets.
We have extensive experience representing companies in high-stakes trade secret cases and corporate espionage, employee defections, government disclosures, breaches of confidentiality and other related claims. Our representative matters include:
- Defended a leading information security provider in a state court action for alleged trade secret misappropriation. After an initial phase of discovery, our team moved for summary judgment on the ground that plaintiff had not adequately identified a protectable trade secret. The court granted our motion and entered summary judgment against plaintiff on its trade secret misappropriation claim, as well as its ancillary claims of injunctive relief and declaratory relief, thereby dismissing all of the claims that the plaintiff had asserted against our client.
- Defended a government contractor in the field of electromagnetic testing in a bet-the- company litigation brought by its much larger competitor that involved claims of trade secret misappropriation, fraud, conspiracy, breach of contract, tortious interference, patent infringement and RICO violations, where the competitor sought damages in excess of $400 million. We successfully defeated a motion for an injunction after a multi-day evidentiary hearing, defeated summary judgment, obtained a grant of summary judgment on most of the claims against our client, and ultimately obtained a favorable settlement for our client.
- Represented an Internet of Things smart home services platform provider in an investigation of the company’s former chief technology officer (CTO) that revealed that the CTO had misappropriated the company’s proprietary source code. Our team served an extensive complaint, which was settled on terms favorable to our client.
- Defended the former employee of and competitor to an infrastructure engineering business against misappropriation of trade secrets, breach of confidentiality and non-compete agreement allegations. The plaintiff refused to identify the purported trade secrets that it alleged were misappropriated and, after our team employed an aggressive strategy, which included multiple motions regarding improper burdensome discovery, the plaintiff wanted resolution of the case.
- Represented a cryotherapy chamber manufacturer in its investigation of potential trade secret misappropriation by a competitor, who allegedly disassembled one of its cryotherapy units and obtained confidential trade secret information. Our team successfully compelled the competitor to submit to a physical inspection of its units and provide the production design documents.
- Represented an aerospace company in an investigation of former employees who went to a competitor. Using forensic data collection and imaging, our team found that these key employees took trade secret information from their work computers in the weeks before leaving the company.
- Represented a government contractor in an action against a former officer who stole the company’s trade secret information. Upon sending cease and desist letters and using forensic imaging and search techniques which uncovered substantial evidence, we negotiated a very favorable resolution for the client.
- Represented an aviation services company in its efforts to protect information in a multimillion dollar bid. The company’s chief financial officer (CFO) was leaving for a competitor, which prompted our team to prepare letters to negotiate a delay in the CFO’s departure until after both bids were submitted on the project. This strategy avoided costly litigation for the client.