The Legal 500

In a world where economic security is increasingly elusive following a global economic downturn, the concept of protecting trade secrets is more important to a company’s success than ever before. The process of protecting trade secrets through licensing and litigating is an effective way to maintain competitive advantage in a faltering economic climate.

The firms ranked most highly in the tables are able to litigate cases as effectively as they advise clients on how to protect their trade secrets. How well balanced practices are between the various issues of employment, theft and copyright law is taken into consideration, but differences between East and West Coast non-compete law diminishes its relevance.

Concealing the knowledge assets at stake in any trade secret misappropriation or leak case is likely to be uppermost in the minds of anyone filing a trade secrets suit. Thus practices with effective and innovative ways of limiting trade secret disclosure during the litigation process are ranked highly.

It goes without saying that firms with a strong handle on the technologies involved in trade secrets cases are a cut above the rest. Likewise, firms with innovative methods to speed up the process of data recovery and combat expedited discovery rules (e discovery) are likely to surpass the competition when it comes to delivering an effective client service.

Kirkland & Ellis LLP

PRACTICE: The brilliance of Kirkland & Ellis LLP’s trade secrets practice in 2008 lies in its record of gaining a string of preliminary injunction motions against rival companies on behalf of its clients.

The group has a reputation for taking on a large volume of work in this practice area, no doubt enabled by access to a very large intellectual property department. The firm’s 260-strong intellectual property group offers technical and trial expertise that supplies leverage on trade secrets cases. The team was strengthened in 2008 by the addition of patent lawyer Steve Cherny, formerly of Latham & Watkins LLP’s IP media & technology group.

In June 2008 the practice gained a summary motion and a subsequent judgement for its client IDEX, which cleared the company of allegations of misappropriating Dripping Wet Water’s trade secrets for advanced sterlization technology.

In May 2008, the group gained a preliminary injunction against a collection of employees who departed Pacific Consolidated Industries (PCI) to set up a rival company called Innovative Nitrogen Systems. The success of the settlement was reflected in the judge’s decision that the defendants should pay Kirkland & Ellis LLP’s clients’ attorneys fees and costs.

The group also secured a preliminary injunction for Mutual Credit Corporation (MCC) in 2008 following an attempt by a former employee to sue the corporation for breach of conduct, that allowed MCC to complete the sale of its loan portfolios that were estimated at US $1m.

CLIENTS: Significant clients include IDEX, American Express, Mutual Credit, medical device producer C R Bard and Pacific Consolidated Industries.

INDIVIDUALS: John Desmarais in the New York office and Robert Krupka who works across the Washington DC, Los Angeles and Chicago offices are described as ‘excellent lawyers’ and ‘key people’ in the trade secrets arena, who have ‘significant litigation and trial experience’.

Lovells LLP

PRACTICE: Relative to its compact size and youth, the trade secrets practice at Lovells LLP handles a substantial volume of pure trade secrets cases, with six notable cases in 2008. The practice’s capability is largely attributable to its highly competent team, led by Mark Halligan, who is actively involved in reviewing the limitations of the Economic Espionage and Computer Fraud and Abuse Act as the primary safeguards for company trade secrets.

Since its creation in 2008, the trade secrets practice has gained two new associates in the core office in Chicago, Jennifer Travers and Deanna Swits, who mainly tackle thoroughbred trade secrets cases. Halligan has a strong reputation as an ‘effective’ litigator, praised for his database of case law.

Due to the absence of non-compete law in the West and Midwest, Lovells primarily market for industry and corporate patent and pure trade secret theft cases, in addition to its work assisting companies in revision of trade secrets matters. The practice includes lawyers with a background in science, and a scientific advisor, so is well-situated to handle trade secrets cases in a variety of industries. The group’s scientific skills are particularly useful for cases that involve multiple technologies, and its integration into the worldwide IP team provides access to a pool of resources. The practice recently represented Spanish engineering company Tecnicas Reunidas in a case against Big River Zinc and ZincOx Resources in which understanding the unusual zinc solvent extraction technologies was key to the practice’s success in the recent settlement.

The practice was also recently involved in the representation of Motorola in a suit against Lemko and five former employees, which hooked on the Computer Fraud and Abuse Act in the process of trade secret misappropriation.

CLIENTS: Recent representations include Tecnicas Reunidas, Motorola, 24 Hour Fitness USA, Harman Music Group, Tactical Lighting Systems, Baxter Healthcare and Universal Instrument Company.

INDIVIDUALS: Clients describe head of the trade secrets practice, Mark Halligan, as an ‘excellent’ and ‘terrific’ patent and trade secret lawyer. Halligan is a professor at the John Marshall Law School and chair of the Trade Secrets Committee of the American Intellectual Property Law Association (AIPLA). New York based commercial litigator, MaryBeth Wilkinson, is praised by clients for being ‘hard working and always give us original advice and insights’. Clients also comment that ‘her support and confidence... was a very important asset’.

Orrick, Herrington
& Sutcliffe LLP

PRACTICE: The already substantially sized trade secrets practice at Orrick, Herrington & Sutcliffe LLP has benefited from drastic expansion in 2008 and now has around 130 attorneys practising trade secrets law.

The firm’s tactical recruitment mission saw the adjunct of 40 new attorneys to the trade secrets practice in 2008, mostly to offices on the East Coast, with continued growth planned for 2009.

The new additions came from a variety of firms, the most high profile of which was the hire of former head of IP at Jones Day, Robert Dickinson, who joined the firm with a group of colleagues in July 2008. Another high profile supplement to the team was former head of McDermott Will & Emery LLP’s IP group, Mark Wine, who brought former colleagues with him to the firm’s Orange County office. Four partners came from dissolved firm Heller Ehrman. Other noteworthy hires include Joseph Calvaruso and Steve Routh, formerly of Hogan & Hartson LLP.

Its new size and group of five in-house attorneys devoted to recovering files means the group can cope with an extremely large volume of high profile clients and in the US and abroad. Successful representations in 2008 include Orrick, Herrington & Sutcliffe LLP’s defence of Genentech against a suit filed by Johnson & Johnson, which claimed that the firm poached ten of their employees to use their trade knowledge to create pharmaceuticals. The practice prevented an injunction on the basis that competitive employment was lawful and encouraged in California.

The practice is strategically involved in making new law in the trade secrets arena, with several cases pending at the International Trade Commission.

CLIENTS: Well-known clients include Facebook, eBay, Apple, Avago, Protiva, StudiVZ, Thomas Weisel and Japanese biotech company Ajinomoto.

INDIVIDUALS: James McQuade in the New York office specialises in employment law and is described by clients as a ‘very good’ litigator providing ‘outstanding service and cutting edge legal advice’. Clients praise him for ‘top of his field’ knowledge of non-compete law. Chair of the firm’s global employment law practice, Michael Delikat is also recommended by clients as ‘one of the top’ non-compete lawyers in the US.

Paul, Hastings,
Janofsky & Walker

PRACTICE: Paul, Hastings, Janofsky & Walker have a reputation for quick turnaround on high profile cases of trade secret misappropriation and subsequently handle a high volume of trade secrets cases. The practice handled no fewer than 30 trade secrets matters in 2008.

One of the most strikingly rapid representations for the practice was the resolution of a criminal trade secret theft case on behalf of Yahoo!, in December 2008, in which the former employee accused of stealing the trade secrets was charged within three months.

The trade secrets practice, which has been established for 20 years, maintains an impressive portfolio of corporate representations, remaining evenly split between preventative and litigation work. In a practice area where creative methods are often employed to protect the trade secrets at stake in each case, Paul, Hastings, Janofsky & Walker has developed innovative ways of maintaining confidentiality using independent monitors throughout the litigation process.

CLIENTS: Noteworthy clients include Yahoo!, General Electric Water, Cypress Semiconductor, Toshiba American Business Solutions and Dow Chemical.

INDIVIDUALS: Victoria Cundiff is the most eminent and longstanding member of the trade secrets team at the firm and is described as ‘top notch’ and ‘one of the best’.

Covington & Burling LLP

PRACTICE: Covington & Burling LLP’s trade secret practice is recommended by clients for its ‘first-class advice’ in the trade secrets area, and the courts have uncommonly approached the practice for
advice on the newly introduced E discovery rules.

The department expanded considerably in October 2008, with the addition of 14 new partners from bankrupt firm Heller Ehrman (including returning partner Robert Fram), which has expanded the firm’s client base. The team has also gained prominent patent trial lawyer, Robert Hasling.

The practice is well-placed to handle increasing state federal investigations into technology used for surreptitious purposes due to the team’s former prosecutors and government-experienced lawyers. Other strengths include a depth of expertise in life sciences and technology, incorporating trial lawyers who are frequently involved in potential criminal action or antitrust issues. The firm deals with employment mobility technology cases, particularly in the Silicon Valley area. The practice successfully represented router software-company Huawei Technologies in a case in which Cisco Systems sought a preliminary injunction to ban the product. The group also fought effectively to secure a preliminary injunction against TJB Ventures distributing mainframe software for their client Computer Associates. Other successful representations include settling a trade secret copyright case on behalf of Promontory Interfinancial Network that originated when former employees left the company.

CLIENTS: Clients include Huawei Techologies, Promontory Interfinancial Network, Maxxim and Visa, whom Covington & Burling LLP represented in a payer authentication case that was settled in their favour.

INDIVIDUALS: The two individuals Sam Maruca and Dan Luchsinger are described by clients as ‘outstanding lawyers in the areas of complex tax advice and tax litigation.’

Howrey LLP

PRACTICE: Howrey LLP’s relatively large trade secrets practice bridges the firm’s commercial trial team with the IP practice, and this facility is partly responsible for the high volume of trade secrets cases that it takes on, which make up around 10% of the firm’s work. In 2008 the firm litigated around 50 cases that involved an element of trade secrets law.

The team benefited from the firm’s acquisition of attorneys in 2008 mainly from bankrupt construction firm Thelen. The team’s primary strength is its ability to tailor resources to the needs of each case. The practice litigates across a variety of industries including science, technology, industrial manufacturing, consumer products, pharmaceuticals and business services.

When it comes to some of the technology used to search documents for evidence of trade misappropriation, Howrey LLP help develop processes to do this effectively and offer advice on e discovery compliance.

CLIENTS: Noteworthy clients include Procter & Gamble, Caterpillar, Phillips, Motorola, Boston Scientific, Shering Plough.

INDIVIDUALS: California-based Dale Giali is described by clients as an ‘incredible’ litigator with a ‘great character’.

Keker & Van Nest, L.L.P.

PRACTICE: Keker & Van Nest, L.L.P. have practised trade secrets cases for more than 25 years and much of the work they do in this area is on behalf of technology clients or civil work. The practice grew from their criminal defense practice and therefore traditionally has a litigation bent. A majority of the firm’s litigators have worked on trade secrets cases. In 2008, the firm was involved in around 10 trade secrets matters, including employee mobility cases, patent and copyright infringements.

The firm is based in California and its expertise lies particularly in software and biotechnology. In an arena in which trade secrets often relate to complex technologies, Keker & Van Nest, L.L.P. have developed innovative ways of presenting arguments to the courts, using demonstrative models, for example.

The practice continues to act on behalf of Taiwan Semiconductor Manufacturing in a case in which Chinese company Semiconductor Manufacturing International, which is based in Shanghai, hired around 100 former employees of Taiwanese company, Taiwan Semiconductor. Keker & Van Nest, L.L.P. successfully sued Semiconductor Manufacturing International for $175m and issued an injunction to prohibit the individuals from disclosing its client, Taiwan Semiconductor’s, processes. The Chinese semiconductor manufacturer did not comply with the court’s order, and was therefore sued for a second time.

CLIENTS: Noteworthy clients to the firm aside from Taiwan Semiconductor Manufacturing include Google, Intel, Oracle and Netflicks and designer of Bratz dolls, Carter Bryant.

INDIVIDUALS: Jeff Chanin is described as a ‘very good’ trade secrets attorney and the market ‘thinks the world of him’.

McDermott Will & Emery LLP

PRACTICE: McDermott Will & Emery LLP litigate a steady stream of trade secret theft suits, as well as providing companies with advice on how to protect their trade secrets through licensing. The team continued to litigate an impressive number of trade secret theft and misappropriation representations through 2008 and 2009, many of which were defence cases.

The practice’s string of representations include employee mobility cases; the defence of individuals and corporate companies accused of trade secrets theft. Illustrative of this, the team is currently working on one of the longest standing trade secret misappropriation representations in the US. The representation of its client, Seagate, has run on for eight years. The case is expected to go to trial in 2009, but so far McDermott Will & Emery LLP’s trade secrets practice have significantly reduced the number of trade secret issues as stake. At the centre of this huge and lengthy lawsuit is the claim by Convolve that Seagate misused their trade secrets showing how to enhance and speed up disk drives, making them run more quietly.

McDermott Will & Emery LLP are also in the process of defending slot machine producers Aristocrat in a case where they are accused of infringing on a patent agreement.

Clients praise the practice for their knowledge of ‘a constantly-changing, fast-evolving industry’ and comment that ‘to that end, they help us find flexible, innovative, cost-effective solutions to our problems’.

CLIENTS: Clients include Aristocrat and Seagate.

INDIVIDUALS: Partner Eric Hagen, who is formerly of Kirkland & Ellis LLP and is currently working on the Seagate case, is described by clients as ‘an exceptional attorney and trusted advisor’. He is considered to be ‘a tenacious advocate and a brilliant strategist’.

Proskauer Rose LLP

PRACTICE: Proskauer Rose LLP has a comprehensive trade secrets practice, with its 30 attorneys covering most aspects of trade secrets law, non-competition, non-solicitation, employee movement and unfair competition. The group is well versed in executive compensation measures and privacy issues, which are increasingly important in protecting trade secrets. Uncommonly, the group has a subsidiary privacy group, increasingly important as many companies use technology with knowledge information. Negotiating employee and trade secrets contracts and breaches is also a forte of Proskauer Rose LLP’s practice.

The practice serves a variety of clients across technology, finance and industry. One case was on behalf of the individual Robert Saccomanno, whose inventions were licensed by his employer, Honeywell International, following a take-over from his former employer, Bendix. In the lawsuit, Saccomanno laid claim to his invention under the argument that the invention ownership agreement he signed was ambiguous.

The group’s representation of Invatec in an employee mobility case reflects its expertise in non-competition arrangements. The representation successfully allowed former Johnson & Johnson sales employees to start new employment with Invatec unhindered. Demonstrating the team’s ability to resolve cases in a short period of time, the practice prevented a preliminary injunction against Scottsdale Insurance within a fortnight of taking the case. Perhaps the group’s most noteworthy engagement in 2008 was its non-competition contractual work following the collapse of a well-known bank.

CLIENTS: Non-compete clients include Nightingale Nurses, NIA Group and Rahal-Letterman Racing.

INDIVIDUALS: Alan Weitzman based in the Florida office is ‘extremely proficient and knowledgeable’ in labor and employment, and ‘very responsive’ in non-compete matters, with ‘excellent’ document presentation, research and deposition skills and theory. Andrea Bernstein and Jurate Schwartz are commended for their ‘excellent’ research.

Weil, Gotshal & Manges LLP

PRACTICE: The defining strength of Weil, Gotshal & Manges LLP’s trade secrets practice is its speed to resolve cases whether it’s through the rapid invocation of a preliminary injunction, a settlement or taking a case to trial. The practice also has a good track record of picking up the baton on cases where other firms have failed to deliver.

The team’s most notable and high-profile turnaround this year was on behalf of Apple involving the hire of a longstanding executive from IBM. The team was well positioned to take the baton from Latham & Watkins LLP on this case due to a considerable wealth of technical expertise and managed to obtain a last minute reversal of the preliminary injunction, leading to IBM dropping the case.

Weil, Gotshal & Manges LLP are one of the few practices to report an increase in trade secrets litigation across financial, entertainment, technological and insurance sectors in 2008, and added three new partners from McDermott Will & Emery LLP to cope with the demand.

The practice successfully gained a preliminary injunction on behalf of Marsh USA in a suit where the former head of the company left to join Aon, and was found to be poaching clients and employees. The court found the employee’s conduct so severe in this case that it resulted in a non-servicing prohibition and unusually for a trade secrets cases, the plaintiff (Marsh) was able to recoup attorney’s fees. The team also settled a significant trade secret misappropriation matter favourably
for their client Adobe Systems in 2008.

With around half of its US offices on the East Coast, Weil, Gotshal & Manges LLP’s trade secrets practice naturally handles a significant number of employee mobility cases, but is by no means limited to them. The team obtained a sanction against Thomas Few and a recoup of attorneys’ fees on behalf of Integrated Alarm Services in a trade secrets theft case.

CLIENTS: Represented clients include Mastercard, Credit Suisse, Avaya, Merrill Lynch, American International Group and baseball manager Joe Tory.

INDIVIDUALS: Miami-based litigator Christopher Pace is recommended by clients for providing a ‘thorough’, ‘professional’ and ‘forward thinking’ service. Thomas Frongillo in the Boston office is recommended for his ‘exemplary level of competence, passion, professionalism, preparedness and creativity.’

Latham & Watkins LLP

PRACTICE: Latham & Watkins LLP has a strong global presence which stands them in good stead for understanding international rules relating to trade secrets. The trade secrets practice has a broad scope, covering non-disclosure agreements and litigating copyright and trade secrets infringements fairly frequently. The firm’s patent, trademark and trade secrets departments are separate but most of the team’s trade secrets lawyers also cover trademark and copyright. The practice is regularly involved in cases involving sophisticated technology and has a pronounced E discovery group.

The practice handled at least three trade secrets misappropriation defences in 2008 and 2009, including the representation of thermal imaging developer FLIR Systems in a patent and trade secrets infringement. The team also defended Marvell Semiconductor in a trade secrets misappropriation case, and Legacy Protective Services against an action brought by former employer of the company’s founder, Rancho Santa Fe Security Systems.

The team gained successful settlements for Revolution FMO in a suit against Asset Marketing Systems Insurance Services. The practice’s representation of Symantech against alleged patent infringement claims made by Microsoft was also resolved satisfactorily for the team’s client.

CLIENTS: Clients from 2008 and 2009 include EMI, Symantech, FLIR Systems, FTI Consulting, Auction Technologies, Marvell Semiconductor and Legacy Protective Services.

INDIVIDUALS: The intellectual property litigation department is globally co-chaired by Laurence Cohen, Bob Steinberg and Perry Viscounty, who is based in the Orange County office, and particularly prominent in trade secrets matters.

Mayer Brown

PRACTICE: The trade secrets practice at Mayer Brown is well known for its copyright, patent, and trade secret expertise and recommended for ‘responsiveness and quality, but also initiative and experience.’ The group is delineated into two separate practice groups including the in-house practice and an appending outsourcing group that counsels clients. Its outsourcing practice is the biggest in the country, which enables its practitioners to advise clients on how to protect their trade secrets. The practice has a large financial institution client base bolstered by skills in anti money laundering.

The practice gained success no less than three significant trade secrets cases in 2008, including settling a case on behalf of Virgin media subsidiary Sit-Up before trial. The practice also won a full dismissal of claims for its client, Design Ideas, in the Geliman vs Design Ideas case, regarding gel decoration products.

The case validated the importance of trade secrets in terms of drawing, leading to an injunction to prevent unfair competition by this method. The result was the clearest definition of rights where manufacturing drawings are concerned and this led to a compete injunction to prevent unfair competition.

Mayer Brown’s trade secrets practice is closely involved in advising companies on the procedure to protect their trade secrets.

CLIENTS: Promontory Financial Group is a new client to the practice and is currently represented in a major copyright infringement case involving 21 different copyrights and compliance with anti-money laundering law.

INDIVIDUALS: The ‘smart’ John Mancini is described by clients as ‘very professional and ready to spend all the time he can give to the case.’ Robert Gilbert and Greg Frantz are also praised for being ‘creative, thorough, and aggressive.’

Morrison & Foerster

PRACTICE: With offices based in San Diego and San Francisco, many of the Morrison & Foerster’s trade secrets cases follow from the representation of technology companies. Like in many firms with an international presence, the trade secrets practice is able to effectively communicate across its offices, including those based in Asian
technology centres such as Tokyo, Hong Kong and Singapore.

The practice has a wealth of trial law and thus courtroom experience. It’s lawyers adopt an anti cult of the lawyer, despite boasting trade secrets specialist James Pooley, who is renowned in the field with more than 25 years litigating trade secrets cases.

The group is involved in several ongoing trade misappropriation lawsuits, including the representation of Cypress Semiconductor in an unusual trade secret misappropriation case in which Silvaco Data Systems alleged that the company had bought products that contained Silvaco’s trade secrets

Aside from litigation, the practice educates clients on preventative measures they can take to protect company information through client seminars and publications.

CLIENTS: Ongoing clients include Cypress Semiconductor, Booz Allen Hamilton, Herbalife International of America and Advanced Micro-Fabrication Equipment.

INDIVIDUALS: James Pooley is described by clients as a ‘top notch’ trade secrets attorney. He is incredibly well respected for his trade secrets work, as ‘he certainly knows this area.’

O’Melveny & Myers LLP

PRACTICE: Much of O’Melveny & Myers LLP’s trade secrets and IP work crosses over with the media and entertainment industry and the practice’s clients reflect this. The practice had no less than five notable successes in the courts over the last year on behalf of recognised media and technology corporations. Since the technology in this sector is moving fast, trade secrets is an effective way to maintain competitive advantage and the firm maintain a lot of work in computer hardware and software. The practice’s clients in this area also benefit from a strategically strong presence in Asia.

The practice managed to prevent the courts from issuing a preliminary injunction at the request of Silicon Image against its client Analogix Semiconductor. The practice proved there was sufficient doubt that Silicon Image’s High Definition Multimedia Interface chips were lawfully protected as trade secrets.

Another significant success for the group was securing a victory for Contessa Premium Foods in a longstanding case in which a group of former employees were found guilty of conspiring to steal the company’s trade secrets.

The firm’s trade secrets practice is predominantly spread along the West Coast in Southern California and the biggest development over the last year was the addition of three new partners in the Silicon Valley and San Francisco offices.

CLIENTS: Clients include Contessa Premium Foods, Apple, Bank of America, News Corporation subsidiary NDF, Lionel and Personal Computer Cameras.

INDIVIDUALS: Chair of the intellectual property and technology department, Darin Snyder, is described by clients as ‘very smart’ and a ‘very hard worker’. Dale Cendali and David Eberhart are also praised for producing ‘very good results’.

George Riley, a partner who practices patent, copyright, trademark and trade secret law, is considered to have ‘great technical expertise and great depth of technical understanding.’

Schiff Hardin LLP

PRACTICE: The trade secrets team at Schiff Hardin LLP was established more than two decades ago and is interdisciplinary, co-ordinating with the intellectual property, labor and employment, and litigation departments across the US. Its mutability allows the practice to easily cover employee mobility and competitor disputes.

The practice is co-led by Linda Stevens, who pioneered the concept of ‘inevitable disclosure’ in trade secret law in the PepsiCo vs Redmond case. The rest of the group consists of commercial litigators, corporate attorneys, former prosecutors and computer scientists who are mobilized across five offices to assemble teams where they are needed. In a continuing effort to expand, the firm hired former state prosecutor Byung Pak to tackle suits that cross white collar and trade secrets matters.

In 2008, the team litigated a non-compete suit on behalf of Clear Channel, in which a restraining order was obtained against The Chicago Tribune. Asides from this high-profile case, however, the practice has not been as active in the trade secrets arena as some competitors. That said, the practice investigated the conduct of employees in a number of confidential internal investigations for clients where trade secrets have been at stake.

The team are also capable of taking on cases involving sophisticated technology, having settled the first federal district court decision to come out of the adoption of E discovery rules towards
the end of 2007 in favour of their client Ameriwood
Industries. In this suit, the Computer Fraud and Abuse Act was invoked after three of the company’s employees left to start up a new company and subsequently scrubbed their hard drives.

CLIENTS: Clear Channel Communications were a new client to the practice in 2008. Other clients include Ameriwood.

INDIVIDUALS: Intellectual property and trade secrets attorney, Linda Stevens, has 21 years of working in trade secrets and is described as ‘outstanding’ and ‘very accomplished’.

Cravath, Swaine & Moore LLP

PRACTICE: Cravath, Swaine & Moore LLP is predominantly a litigation practice with around ten litigation partners that procure a relatively significant amount of trade secrets and non-competition work. All of the firm’s trial lawyers are considered generalists and they expect to take all their cases to trial, including trade secrets. The firm’s strength lies in its ability to field its litigation team to take cases to trial that other firms may resist. The practice adopts a holistic approach that involves advising clients on policies regarding trade secrets and how to protect them from the beginning through structuring employee agreements. The firm is recommended by clients for providing a ‘very good’ service.

The firm recently won a trade secrets case on behalf of Renaissance Technologies. In this suit, the independent adjudicator who examined algorithms that were used by former employees who left to join a rival company in hedge funds, found similarities between those used at Renaissance that indicated a trade secret misappropriation. The case was settled in favor of Renaissance, who received $20m.

Another significant trade secrets misappropriation case the firm litigated in 2008 was settled in favor of the firm’s client, General Reinsurance (Gen Re). The court found at least 26 former senior managers of the company and Arch Reinsurance guilty of misappropriating Gen Re’s trade secrets and subsequently invoked a preliminary injunction against to prevent them from revealing them.

The group also prevailed on behalf of a former IBM employee who contravened his non-competition agreement when he left to join Apple, again managing to gain a preliminary injunction against the individual.

CLIENTS: Clients include Rennaissance, Qualcomm, Lifetime Television and White Mountains Insurance.

INDIVIDUALS: Business and employment litigator Stuart Gold is described as ‘prepared’ and ‘articulate’. Francis Barron is recommended for his ‘great courtroom presence’. Stephen Madsen is described by clients as a ‘very talented trial lawyer’ and recommended for his ‘good trial instincts’. Litigators Robert Baron and Roger Brooks are recommended by clients for their ‘incisive’ thinking and ‘indefatigable’ approach. Clients praise Roger Brooks for ‘understanding issues that are highly technical in nature’.

Finnegan, Henderson, Farabow, Garrett &
Dunner, L.L.P.

PRACTICE: Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. specializes solely in intellectual property law, and it is one of the largest firms in the world to do so. With more than a quarter of the firms attorneys holding scientific qualifications and breadth wide enough to cover all aspects of trade secrets law, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. has a well-equipped trade secrets practice.

CLIENTS: Clients include ConnectU, Choice-Intersil and SinterFire.

INDIVIDUALS: Chair of the trade secrets committee of the Washington DC bar, IP litigator John
Hornick, is based in the firm’s New York office.