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Trusted Advisor - with Finnegan

IP specialist Finnegan detail how their collaborative approach makes for a unique culture which is designed to allow them to work with clients in a way which is cognizant of the challenges facing all companies today.

San Francisco-based litigation boutique Keker, Van Nest & Peters LLP has a prominent trade secrets practice, counting Pinterest and TrueBlood Network as clients. Rachael Meny handles employee mobility and trade secret disputes for corporate and individual clients, particularly in the technology sector. Meny successfully defended Instacart against a putative class action, which challenged the distinction between employees and contractors at ‘sharing economy’ entities. Other highlights included settling a $12.2m class action for Lyft. John Keker, Jeffrey Chanin and Brian Ferrall are also noted.

At Kirkland & Ellis LLP, New York-based Dale Cendali led a team defending Virgin Group against claims of misappropriation of ideas, allegations of breach of contract and unjust enrichment brought by the former CEO of Norwegian Cruise Line; the case settled. Cendali is also acting for IBM in a case against Teraproc that includes allegations of theft and distribution of confidential and proprietary source code. Diana Torres in Los Angeles is representing LifeLock’s subsidiary Lemon in a Sixth Circuit appeal pertaining to a dispute with its former executives, former general counsel and technology entrepreneur Wenceslao Casares, which includes allegations of breach of fiduciary duty. At state court level, Washington DC-based Craig Primis is acting for Hercules Capital in an alleged trade secrets misappropriation lawsuit against Tennenbaum Capital Partners in California and is defending Honeywell against allegations of trade secret misappropriation brought by DSM Dyneema in North Carolina. SolarCity and Akorn are also clients. Chicago-based Reed Oslan, Daniel Bress and Katharine Burke in Washington DC, and New York’s Joshua Simmons are also recommended.

At Orrick, Herrington & Sutcliffe LLP, the ‘responsive and practical’ team is led by Silicon Valley-based Denise Mingrone. The group’s enviable list of clients includes Facebook, JMP Securities, Brocade Communication Systems and eBay. San Francisco-based duo Robert Shwarts and Michael Weil successfully defended 10x Genomics and its founders against allegations of trade secret misappropriation based on alleged violation of non-compete and confidentiality clauses. James McQuade in New York is representing Continuity Logic in claims of misappropriation of trade secrets and breaches of non-compete and non-solicitation clauses filed in the District Court of New Jersey against the client’s former employees. McQuade is also defending EY and a former employee of FTI Consulting against allegations of employee raiding and contractual breaches. Antony Pfeffer joined the New York office from the now defunct Kenyon & Kenyon. Annette Hurst in San Francisco is also noted and Irvine-based Christina Von der Ahe made partner.

Paul Hastings LLP’s ‘exceptional’ group is jointly headed by Victoria Cundiff in New York and Palo Alto-based Bradford Newman, who is the founder of the firm’s international employee mobility and trade secrets practice. Newman is experienced in prosecuting data theft cases for Fortune 100 companies and is representing Thermo Fisher Scientific in proceedings against a Fluidigm executive pertaining to alleged retention of confidential data and employee raiding. Other highlights included acting for Veeco in a trade secrets dispute against a former executive regarding metal organic chemical vapor deposition technology, and defending Goldman Sachs Group in a breach of contract case in the New York Supreme Court brought by Netologic. Los Angeles-based Jennifer Baldocchi is acting for AeroVironment in a dispute alleging data theft and breaches of non-compete clauses against former employees. Mark Pollack in Chicago and Carson Sullivan are representing Harvest Power in a dispute alleging data theft by former employees. Allan Soobert defended Samsung in a RICO-based action under the Economic Espionage Act. Attorneys are based in Washington DC unless otherwise stated.

Quinn Emanuel Urquhart & Sullivan, LLP’s team is led by Charles Verhoeven, Claude Stern and Edward DeFranco from San Francisco, Silicon Valley and New York respectively. Verhoeven and Washington DC-based Paul Brinkman are part of a team acting for Dow Chemical and Rohm and Haas in an investigation related to opaque emulsion polymers at the Federal Circuit. Diane Doolittle in Silicon Valley and Bruce Van Dalsem in Los Angeles successfully defended Pfizer against trade secret misappropriation claims filed in a California state court. Stern settled a lawsuit filed by Lilith Games for alleged misappropriation of source code used for mobile game Heroes Charge for uCool. Other highlights included securing a reversal at the Ninth circuit of a $172.5m judgment against Mattel arising from a trade secrets misappropriation claim filed by MGA Entertainment. New York-based duo Robert Raskopf and Michael Carlinsky, and Rachel Herrick Kassabian in Silicon Valley are recommended.

Seyfarth Shaw LLP’s Chicago-based practice co-head Michael Wexler secured a victory on all claims of wilful and malicious trade secret misappropriation brought by Stryker against a former employee and a competitor; he also defended the client against a $165m counterclaim. Co-head Robert Milligan in Los Angeles and Atlanta-based Daniel Hart serve as national trade secrets counsel to US Foods, providing ongoing advice on the company’s internal policies as well as handling litigation against former employees and competitors. Other highlights included securing a victory in a violation of a non-compete claim filed by Survey Sampling International against its former vice president of sales. Boston-based Erik Weibust acted for Howmedica and its sales representative against allegations of non-compete violation brought by CDC Medical. Worldpay and Intel are also clients. Chicago-based Scott Humphrey and Katherine Perrelli in Boston are other names to note.

Daniel Johnson chairs Covington & Burling LLP’s group, which also includes George Pappas, Kurt Calia in Silicon Valley and San Francisco-based Michael Plimack. Daniel Spiegel, Richard Hertling and Gina Vetere assisted the Protect Trade Secrets Coalition with its effort to obtain passage of federal civil trade secrets legislation, the Defend Trade Secrets Act. Anthony Herman and Ralph Voltmer secured a victory for Kancor in trade secret litigation against ATC Ingredients. Other highlights included acting for Baoshan Iron & Steel and Baosteel America against US Steel’s allegations of trade secret misappropriation and defending McKesson against a $190m claim of non-disclosure breach and trade secrets misappropriation filed by Devon Robotics and Devon Health Services. Jaxon Engineering & Maintenance is also a client. Attorneys are based in Washington DC unless otherwise stated.

Latham & Watkins LLP’s enviable client base includes American Airlines, craigslist, Goop, Pandora and Evie. Perry Viscounty in Orange County, Kenneth Schuler in Chicago and Jennifer Barry in San Diego are the practice co-heads. Daniel Schecter in Los Angeles, Orange County-based Dean Dunlavey and Kathryn Ruemmler in Washington DC secured a unanimous defense jury verdict for Emirates NBD in a $1.6bn trade secrets case concerning a technology platform for stored value cards and its use by Middle East-based unbanked workers as salary cards and an international remittance tool. Silicon Valley-based duo Douglas Lumish and Matthew Rawlinson are defending Arista Networks in a trade secrets and contractual breach action brought by OptumSoft; Lumish is also part of a team representing Codexis in a trade secrets misappropriation, unfair competition and patent infringement suit against EnzymeWorks and its founder. Charles Sanders joined the Boston office from Goodwin.

McDermott Will & Emery LLP’s team is acting for Seagate in a dispute with Convolve, which includes claims of trade secret misappropriation, patent infringement and other contractual and business tort claims totaling over $1bn. Fabio Marino in Silicon Valley acted for Diablo Technologies in a misappropriation of trade secrets claim brought by Netlist. Other highlights included filing a complaint and preliminary injunction motion for NaturaLawn against Peaceful Valley. Dalmatia Import Group is also a client. Michael Morgan and Mark Schreiber joined the firm’s Los Angeles and Boston offices from Jones Day and Locke Lord LLP respectively. Daniel Alberti and Judy Mohr in Silicon Valley head the practice. Eric Hagen in Los Angeles is another name to note.

Bryan Wilson and Eric Tate are key contacts in Morrison & Foerster LLP’s ‘knowledgeable and strategic’ team. Kenneth Kuwayti acted for Nevro in various trade secret and contractual disputes arising from employee mobility, with several claims pertaining to alleged data theft and non-compete breaches. Michael Jacobs advised Autodesk on preventing ZWCad Software from merchandising a cloned version of computer-aided design software AutoCAD and represented Nucap Industries in an alleged data theft and trade secret misappropriation claim against three Bosch entities. Mark Zebrowski is managing a trade secret action for Obalon Therapeutics against a former employee and his new employer. Litigator Mark Whitaker joined from Baker Botts L.L.P.. Harold McElhinny retired. Named attorneys are based in Palo Alto, San Francisco, San Diego and Washington DC.

O’Melveny & Myers LLP’s practice is chaired by Ryan Yagura. Mark Miller led a team defending 24/7 Customer in a dispute that included claims of trade secret misappropriation and unfair competition filed by LivePerson. Eric Amdursky was part of a team pursuing claims against former sales managers of Extreme Reach who had access to confidential data shortly before their resignation; the group secured a temporary restraining order and subsequent preliminary injunction to prevent the defendants using information gathered during their employment. Amdursky also represented Coldwell Banker in pursuing litigation alleging that competitors induced its employees to reveal confidential information about associates, who were then approached to join rival companies; the case subsequently settled. Other highlights included Darin Snyder representing Artifex Software in a copyright case against Bigtincan pertaining to the unlawful possession, use and distribution of source code. David Almeling is also recommended and Melody Drummond-Hansen made partner. Named attorneys are based in Los Angeles, San Francisco, New York and Silicon Valley.

Proskauer Rose LLP’s interdisciplinary team is led by Joseph Baumgarten and Gregory Rasin, who are based in New York. Anthony Oncidi in Los Angeles and Guy Brenner in Washington DC are acting for Creative Artists Agency in pursuing a punitive damages claim against several of its former agents and United Talent Agency. New York-based Steven Kayman is representing Endurance in a dispute arising from the hire of 13 Chubb executives following ACE’s acquisition of Chubb. Other highlights included representing US Foods in litigation and arbitration proceedings against former executives concerning misappropriation and misuse of confidential information. Nicole Eichberger in New Orleans and Evandro Gigante and Patrick Lamparello in New York made partner.

Weil, Gotshal & Manges LLP has notable strength in the financial sector, but also advises consulting and entertainment companies on the trade secret aspects of technology and employment matters. Jeffrey Klein and Nicholas Pappas are representing Perella Weinberg Partners in a dispute against three former partners and a former managing director of its restructuring group, which includes allegations of conspiracy to form a new firm from the existing group and breaches of fiduciary duty. Klein is also acting for JLT Specialty, its affiliate and a number of its executives in a lawsuit filed by Aon alleging breaches of restrictive covenants, as well as tort and related claims. Gary Friedman represented Kroll in a dispute against its former senior managing director pertaining to a breach of restrictive covenants and other obligations. Celanese and Ullink are also clients. Christopher Cox in Silicon Valley is another name to note. Paul Genender joined the Dallas office from K&L Gates. Bruce Meyer moved to an in-house position with the National Hockey League Players’ Association. Attorneys are based in New York unless otherwise stated.

Dentons stands out for its strong trial capability and efficient strategic planning for trade secret protection. Mark Hogge defended Flextronics against a confidential patent and trade secret claim brought by Jawbone before the International Trade Commission. Lora Brzezynski led a team representing Jaxon Engineering & Maintenance in a bet-the-company lawsuit, including allegations of trade secret misappropriation, brought by L3. Brzezynski and Cass Christenson acted for Oceaneering International in a case that alleged breach of confidentiality and sought a restraining order against a former employee. Los Angeles-based Michael Bierman is also noted. Attorneys are based in Washington DC unless otherwise stated.

Finnegan, Henderson, Farabow, Garrett & Dunner LLP’s Washington DC-based team handles consulting, counseling, non-litigation enforcement and dispute resolution. Gerson Panitch secured a victory in a summary judgment for Macrocure in a longstanding dispute with Cognate BioServices arising from alleged theft of data concerning human and veterinary cell therapy products. Eric Fues represented Flexsys America in a misappropriation of trade secrets claim filed against Process Engineering Associates concerning the manufacturing of insoluble sulfur; the case is one of the first complaints filed under the new federal Defend Trade Secrets Act. Other highlights included defending RichWave Technology and its president against claims of trade secrets misappropriation filed by Epic Communications. John Williamson is also recommended.

Greenberg Traurig LLP’s team is led by Kurt Kappes in Sacramento and Richard McCrea in Tampa, and includes Atlanta-based David Long-Daniels. Long-Daniels acted for Bartlett Holdings and its subsidiary in a $30m action against its competitors and former employees, including claims of tortious interference, misappropriation of trade secrets, breach of employee duties and restrictive covenants. Paul Ranis in Fort Lauderdale and Ian Ballon, who splits his time between Silicon Valley and Los Angeles, are also recommended.

Debbie Berman and Rick Richmond head the practice at Jenner & Block LLP from Chicago and Los Angeles respectively. Richmond led a team which secured a $940m jury verdict for Epic Systems arising from a trade secret misappropriation claim against Tata Consultancy Services. Los Angeles-based duo Richard Stone and Brent Caslin were part of a team representing a subsidiary of News Corporation, as well as the National Association of Realtors and its subsidiaries, in claims including trade secret misappropriation and contractual interference filed against Zillow. The group also acted for Methode Electronics and its subsidiary Hetronic in a claim against two former senior employees pertaining to alleged misappropriation of confidential and proprietary information.

Houston-based Edward Friedman and Joyce Ackerbaum Cox in Orlando lead Baker & Hostetler LLP’s group, which acts for corporates and individuals in employment-related matters. Highlights included representing M-I Swaco in a case of first impression under the Texas Uniform Trade Secrets Act and handling misappropriation of trade secrets and non-compete claims for employees.

Boston-based Choate, Hall & Stewart’s clients include New England BioLabs and AvePoint. Eric Marandett led a team representing Alnylam Pharmaceuticals in pursuing a trade secrets misappropriation claim against Dicerna Pharmaceuticals concerning RNAi data following Alnylam’s acquisition of Sirna Therapeutics. Paul Popeo is representing EMC in trade secrets litigation against Pure Storage. Michael Bunis, Daniel Winston and associate Anita Spieth are also recommended. Paul Pysher joined from Fish & Richardson P.C..

FisherBroyles, LLP’s leading trial attorney Mark Halligan has notable intellectual property litigation expertise, representing clients in state and federal courts across the US. Highlights included representing Soarus in a lawsuit against Bolson Materials, which included claims pertaining to a breach of secrecy agreement, violation of the Illinois Trade Secrets Act and unjust enrichment. Bradley Nelson is a name to note. Alastair Warr joined the firm. Attorneys are based in Chicago.

At Gibson, Dunn & Crutcher LLP, Washington DC-based Jason Schwartz is defending Capital One and two of its employees against claims of trade secret misappropriation filed by KeyBank; the case is being litigated under the new federal legislation, the Defend Trade Secrets Act. New York-based Alexander Southwell defended American General against allegations of trade secret misappropriation and breach of confidentiality agreements in a $5bn lawsuit brought by Bancorp Services and Addle Management. Martin Hewett in Washington DC and Jeffrey Thomas in Irvine are noted.

At Jones Day, Dallas-based practice co-chair Robert Kantner successfully represented Wellbeing Genomics in a jury trial against PLLG involving various claims, including trade secret misappropriation. Richard Grabowski and Cheryl O’Connor, who are based in Irvine, acted for Experian in a successful attempt to prevent its former employees from further disclosing confidential information related to a new e-commerce platform. Randy Kay co-chairs the team from San Diego. Dexcom, SAP America and Goodyear are also clients.

At Kilpatrick Townsend & Stockton, Daniel Taylor and Susan Boyles, both based in Winston-Salem, are acting for Neusoft USA in a dispute filed against Neuisys and are defending the client against counterclaims of trade secret misappropriation and unfair and deceptive trade practices brought by the distributor. James Bogan defended Cree’s employee against breach of restrictive covenant claims filed by a former employer. Joel Bush is also noted.

John Mancini, Dale Giali and Alan Grimaldi are the key contacts at Mayer Brown. The group merges its intellectual property expertise with its knowledge of employment and antitrust regulations to handle contentious and non-contentious trade secret matters. It is adept at obtaining injunctions, representing clients in litigation and applying preventative measures to avoid future conflicts.

Robert Weikert, who splits his time between Los Angeles and San Francisco, heads Nixon Peabody LLP’s interdisciplinary practice. Weikert and Shawn Hansen in Los Angeles are representing Karl Heinz Priewasser in a trade secret misappropriation and fraud lawsuit concerning technology used in the manufacturing of semiconductors. David Rosenthal in Boston is acting for Boston Beer Company in a dispute with a former employee alleging breach of contractual duty pertaining to the retention of confidential data. SolarCity and WB Mason are also clients. Chicago-based duo Ethan Trull and Frank Saibert, alongside Jason Kravitz in Boston, are also recommended.

Schiff Hardin LLP’s team is led by Linda Stevens and Matthew Prewitt, who are based in Chicago. It assists clients with obtaining and defeating requests for emergency injunctions, drafting trade secret protection strategies, liability risk minimization, litigation avoidance and dispute resolution.

William Abrams in Palo Alto heads Steptoe & Johnson LLP’s team. Highlights included defending Huawei in two trade secret disputes, one brought by T-Mobile arising from the development of a testing robot used for handset quality control, and the other filed by Quintel pertaining to a patent for antenna technology. Washington DC-based John Caracappa and Harold Fox co-chair the intellectual property group.

At Winston & Strawn LLP, John Keville, Sheryl Falk and John O’Neill secured a $24.5m jury verdict for Suncoast Post-Tension in a case against a former manager and engineer pertaining to trade secrets misappropriation, tortious interference, contractual breaches and unfair competition. Keville and O’Neill are representing Total Rod Concepts in a trade secret misappropriation dispute with Glasforms pertaining to the defendant allegedly disclosing trade secrets to the plaintiff’s competitor. Named attorneys are based in the firm’s Houston office.

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