Trade secrets (litigation and non-contentious matters) in United States

Kirkland & Ellis LLP

Kirkland & Ellis LLP's trade secrets practice is led by Dale Cendali in New York, and Craig Primis and Gregg LoCascio in Washington DC. The firm is active for clients in a huge range of sectors, including technology, weapons manufacturing, electric vehicles, and pharmaceuticals. Cendali is a highly regarded intellectual property lawyer and acts for multinational clients in trade secrets matters; she has argued before the US Supreme Court, and also serves as an adjunct professor at Harvard. LoCascio, a trained engineer, is noted for his work in cases involving technology. Also recommended is Joshua Simmons, a trial court and appellate litigator with broad-base expertise in IP litigation, including trade secrets.

Practice head(s):

Dale Cendali; Craig Primis; Gregg LoCascio

Other key lawyers:

Joshua Simmons; Claudia Ray; Joseph Loy; Christopher Mizzo; Diana Torres; Adam Alper; Michael De Vries

Key clients

Dollar Shave Club

EVelozcity

Bristol-Myers Squibb

Honeywell International

The Boeing Company

Medidata Solutions

Avaya

FTI Consulting

Raytheon

Zoox

Motorola Solutions

LivePerson

MercuryGate International

The Chamberlain Group

Work highlights

  • Representing FTI and FTI Consulting in breach of contract and trade secret litigation brought against one of FTI’s main competitors and former FTI employees who, along with over 20 other former employees, left FTI to join the competitor in violation of their employment agreements.
  • Acting for Raytheon in a lawsuit against its former employee who was subsequently employed by competitor Lockheed Martin.
  • Represents Dollar Shave Club and one of its senior executives in two lawsuits alleging trade secret misappropriation and breach of a non-compete agreement between the executive and his former employer.
  • Successfully defended EVelozcity and its executives, Stefan Krause and Ulrich Kranz, in trade secret litigation brought by Faraday Future related to AI electric vehicle technologies.
  • Represented startup Flexus Biosciences (a subsidiary of Bristol-Myers Squibb), Dr. Terry Rosen, and Dr. Juan Jaen in a lawsuit brought by Incyte Corporation, alleging the misappropriation of trade secrets on IDO-1 inhibitors for the treatment of cancer.

Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP's trade secrets team brings together lawyers across several of the firm's practice groups to provide clients with comprehensive support. The multi-disciplinary approach puts the team in a strong position to handle complex trade secrets matters which involve non-competes, restrictive covenants, and also white-collar crime. Some of the team's core activity has been in the growing areas of technology, biotech, and software. Headline work in 2019 included representing former Uber CEO Travis Kalanick in a trade secret dispute related to driverless cars. The practice group is jointly led by Michael Weil and Cathy Lui in San Francisco, and James McQuade in New York. Also recommended is Amy Van Zant in Silicon Valley, who was noted by one client as 'extremely insightful'.

Practice head(s):

Cathy Lui; James McQuade; Michael Weil

Other key lawyers:

Amy van Zant; Amanda Maya

Testimonials

‘This was my first interaction with Orrick, and I have nothing but great things to say about our experience. We actually started this work with another firm and transferred to Orrick because of their expertise with trade secrets. Our lead partner was extremely well-versed in trade secret law and related litigation. She was very proactive and communicative during our entire process. I found that everyone I worked with at Orrick was well-informed about the related law, our case specifics and even our company and competitors.’

‘I worked mostly with Amy Van Zant who was the lead partner. She was always available and always extremely insightful about what was going on in the case, as well as what we should expect next, so we were always prepared. Amy also brought in Mike Weil who not only had a lot of experience on these types of cases, but was involved with in a similar case that included the same defendant. He had phenomenal understanding of the exact issue and defendant we were dealing with. Amanda Maya was an associate on the case who was always supremely prepared. She literally knew every detail of the case when we were preparing. She was an absolute rock for us as well as the Orrick team.’

Key clients

Collateral Analytics

OpenTV

Netflix

adMarketplace

Eastdil Secured

Travis Kalanick (former CEO of Uber)

Xponential Fitness, Cycle Bar and Ryan Junk

Xponential Fitness

Toshiba

Fisker

Venafi

Couchbase

Liberty Woods

Robert Briles

Applied Materials

Advice Interactive Group

Intertrust of The Netherlands

Work highlights

  • Represented the co-founder and former CEO Uber Travis Kalanick in various civil and investigatory matters, including the trade secrets dispute between Uber and Alphabet’s Waymo driverless car division.
  • Representing Netflix in a potentially landmark case brought by Fox over the poaching of two executives, which involves novel issues regarding the scope of California’s ban on non-competes.
  • Advising Applied Materials in a case involving trade secret misappropriation and one of Applied’s direct competitors in the semiconductor industry.
  • Assisted Eastdil Secured in a trade secret misappropriation case brought against a former Eastdil employee who, together with a group of other key employees, had joined a direct competitor of Eastdil.
  • Acted for adMarketplace in litigation against a former employee accused of misappropriating trade secrets.

Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel Urquhart & Sullivan, LLP's trade secrets practice is jointly led by Margaret Caruso, Claude Stern, and Rachel Herrick Kassabian in Silicon Valley, and Robert Raskopf in New York. The versatile team advises on cutting-edge issues in trade secrets, such as autonomous vehicles, and also handles more traditional areas including beauty products and chemicals. The team's ability to handle complex, long-running cases is evidenced by its representation of Mattel for over 14 years in a series of lawsuits against MGA Entertainment.

Practice head(s):

Robert Raskopf; Margret Caruso; Claude Stern; Rachel Herrick Kassabian

Other key lawyers:

Charles Verhoeven; Rick Werder

Key clients

Mattel

Academy of Motion Picture Arts and Sciences

Primer Technologies

WeRide Corp.

Olaplex

NetEase

HomeAdvisor

International Business

Machines Corporation

The Dow Chemical Company

Work highlights

  • Represented Mattel for more than 14 years in its battle against toy-company MGA Entertainment.
  • Successfully represented Liqwd and Olaplex in a patent infringement, trade secret and breach of contract case against L’Oréal.
  • Represented Dow Chemical, Rohm, and Haas against Organik Kimya in the International Trade Commission, alleging patent infringement and misappropriation of trade secrets.
  • Defending IBM in a breach of contract and misappropriation/misuse of trade secrets case brought by BMC Software.
  • Advised Primer Technologies, its founder and CEO Sean Gourley, and two Primer employees following Quid’s filing of a trade secrets and breach of contracts suit against them.

Seyfarth Shaw LLP

Seyfarth Shaw LLP handles complex, multi-jurisdictional trade secrets matters, including some in growing sectors such as technology. A notable feature of the practice is that trade secrets matters are handling by a stand-alone trade secrets and non-competes team, jointly headed by Michael Wexler in Chicago, Robert Milligan in Los Angeles, and Katherine Perrelli in Boston. The trade secrets team has recently handled a number of matters for Stryker Corporation, which involved appeals to the US Supreme Court. Wexler, a former state prosecutor, has extensive experience in state and federal courts, and has acted for a number of household name clients over the past year.

Practice head(s):

Michael Wexler; Robert Milligan; Katherine Perrelli

Other key lawyers:

Erik Weibust; Scott Humphrey

Key clients

Stryker

Diversant

Capstone Logistics

Work highlights

  • Represented Stryker Corporation in a number of cases alleging misappropriation of trade secrets.
  • Acted for Capstone Logistics in multi-year litigation alleging theft of trade secrets.

Greenberg Traurig LLP

Greenberg Traurig LLP has a strong reputation in trade secrets litigation, handling a large volume of cases across a range of sectors, including matters related to novel technologies. Jointly led by Kurt Kappes in Sacramento, and David Long-Daniels and Natasha Wilson in Atlanta, the team is also active in audits related to trade secrets. Other key contacts include Shira Yoshor in Houston and Todd Wozniak, also in Atlanta. In addition, the team is able to work in conjunction with colleagues in the firm's international office network to seamlessly handle international disputes, as well as trade secret audits.

Practice head(s):

Kurt Kappes; David Long-Daniels; Natasha Wilson

Other key lawyers:

Shira Yoshor; Todd Wozniak

Key clients

Mauser USA

Miner

Biodesix

Material Handling Services

York Risk Service Group

Jabil

Caesars Entertainment Corporation

Work highlights

  • Represented Biodesix in a suit against three former employees and their new employer in relation to misappropriation of trade secrets, violation of restrictive covenants, potential mishandling of protected health information, and tortious interference with contractual/business relations.
  • Acted for Jabil, a worldwide technology manufacturing services company in a lawsuit filed against Texas-based 3D printing company Essentium claiming the latter’s high-speed extrusion (HSE) technology was stolen from Jabil’s own research and development.
  • Representing Mauser USA in lawsuits against former employees, related to their alleged misappropriation of trade secrets.
  • Acting for Miner in a suit against a former employee and his new company for breach of his restrictive covenants and misappropriation of trade secrets, among other claims.
  • Acting for Material Handling Services in a number of cases against former employees.

Jenner & Block LLP

Jenner & Block LLP's trade secrets practice is most active in the life sciences, software, and electronics sectors. Jointly led by Debbie Berman and Andrew Vail in Chicago, and Los Angeles-based Brent Caslin in Los Angeles, the practice group is adept at handling large-scale disputes involving international clients, a recent example of which includes its successful representation of Epic Systems Corporation against Tata Consultancy Services, an Indian conglomerate. Another key figure is Rick Richmond, who has achieved headline victories in major trade secrets cases across the country.

Practice head(s):

Debbie Berman; Brent Caslin; Andrew Vail

Other key lawyers:

Rick Richmond

Key clients

Epic Systems

National Association of Realtors

Methode Electronics/Hetronic Int’l

Two Sigma Investments

News Corp

Acuity Brands Lighting

Wolters Kluwer

Schneider Electric

Jupiter Telecommunications

Work highlights

  • Represented Epic Systems Corporation in a substantial trade secret/corporate espionage case against Tata Consultancy Services, obtaining a $940m jury verdict.
  • Represents Methode and its subsidiary Hetronic as lead counsel and international coordinating counsel in a series of interrelated cases concerning the theft of highly confidential and propriety information by Hetronic’s former president and vice president of accounting.
  • Defended Coherus BioSciences in a trade secrets dispute filed by Amgen alleging theft of both technical and commercial information relating to Coherus’s anticipated approval of Udenyca (a biosimilar to Amgen’s Neulasta drug product).

Jones Day

At Jones Day, trade secrets litigation is primarily led by Randall Kay in San Diego, Steven Zadravecz in Irvine, and experienced of counsel Robert Kantner in the Dallas office. A recent highlight saw the team representing Micron Technologies in international trade secrets litigation involving a state-owned Chinese enterprise; this case has been referred to by President Trump as a prime example of the issues involved in the current US-China trade war. In addition, the group is representing Qualcomm in its lawsuit against Apple alleging misuse of Qualcomm's wireless technology. Kay is particular has been recognized for its 'strong expertise in trade secrets law', while the team as a whole is noted for its 'willingness to listen and collaborate in all areas'.

Practice head(s):

Randall Kay; Steven Zadravecz; Robert Kantner

Other key lawyers:

Jeffrey Bresch; Andrea Jeffries; Aimee DeFilippo; Jay Johnson; Nathanial Garrett; James Kitchen

Testimonials

‘Jones Day is strong on client service and does a good job staffing matters with team members even across offices when appropriate. The teams are diverse and competent, with good communication the norm.’

‘Randy Kay is very effective at managing teams, serving clients and has especially strong expertise in Trade Secrets law – having authored a treatise on the subject. He is on my short list for any trade secrets-related matter, particularly involving California law, but not necessarily limited to that.’

‘This team really listens to their clients and understands the business fully. They are willing to work with in-house counsel to devise the best strategy and make changes as things evolve. They are true partners and a pleasure to work with. Also, they have deep knowledge of the subject matter.’

‘Deep expertise, but a willingness to listen and collaborate in all areas. You can count on Randy to meet his deadlines, to keep you up to speed and to tell you the real strengths and weaknesses of your case.’

Key clients

Qualcomm

Micron Technology

SAP

Goodyear Tire & Rubber Company

Work highlights

  • Representing Micron Technology in ground-breaking misappropriation of trade secret lawsuit at the center of the US-China trade war.
  • Representing plaintiff Qualcomm in trial and appellate courts asserting multi-billion dollar trade secret case against Apple, alleging theft of wireless technology.
  • Acting for Goodyear Tire & Rubber Company in trial and appellate courts, defending against a trade secret claim involving self-inflating tire technology.
  • Representing SAP and its subsidiaries in defense against Teradata Corporation’s allegations of trade secret misappropriation, copyright infringement, and antitrust violations, and also in SAP’s counterclaims against Teradata alleging patent infringement.

Latham & Watkins LLP

Latham & Watkins LLP acts for major multinationals, large domestic corporates and IP-driven tech companies in a variety of trade secrets matters, including high-stakes litigation. The team forms a part of the broader intellectual property litigation practice, which is jointly led by Michael Morin in Washington DC, Jennifer Barry in San Diego, and David Callahan in Chicago, who has experience of matters in the areas of medical devices, semiconductors, and consumer products, among others. Other names to note include Chicago-based IP litigator Matthew Walch, and Perry Viscounty in San Francisco, who handles IP, trade secrets and technology-related litigation for well-known corporates as well as emerging companies.

Practice head(s):

David Callahan; Michael Morin; Jennifer Barry

Other key lawyers:

Bert Reiser; Matthew Walch; Douglas Lumish; Perry Viscounty

Work highlights

  • Defended InfoBiotic in  a trade secrets misappropriation suit brought by CardioNet, involving software used in remote cardiac monitoring.
  • Representing LG Chem, the Korean battery manufacturer, in a suit against Korean manufacturer SK Innovation in which LG Chem alleges misappropriation of its trade secrets related to batteries for electric vehicles.
  • Representing Cabela’s, a retailer of hunting, fishing, and outdoor gear, in litigation against former employees who are alleged to have misappropriated trade secrets.
  • Acted as lead counsel for the biotech company Codexis in action against EnzymeWorks, alleging EnzymeWorks’ misappropriation of Codexis’ trade secrets, as well as patent infringement.
  • Defending Dalton Education in trade secret misappropriation litigation, following Dalton’s hiring of former employees of DF Institute (also known as  Kaplan Professional).

McDermott Will & Emery LLP

McDermott Will & Emery LLP's IP team is based in Silicon Valley and has experience of trade secret cases. Key contacts in this practice area include Daniel Alberti, Judy Mohr and Nicole Jantzi.

O'Melveny & Myers LLP

The team at O'Melveny & Myers LLP is experienced in trade secrets disputes across a number of key industry sectors, including medical devices, pharmaceuticals, digital media, often acting in these cases for some of the market's best-known corporates. The trade secrets practice is principally led by David Almeling, Darin Snyder, David Eberhart, and Brett Williamson in the Newport Beach office. The trade secret group is part of the broader intellectual property team, which is led from Los Angeles by Ryan Yagura, and routinely work alongside other of the firm's practice groups, such as white-collar crime. Named lawyers are based in San Francisco unless stated otherwise.

Practice head(s):

Ryan Yagura

Key clients

Advanced Micro Devices (AMD)

Amgen

Artifex Software

AstraZeneca

Google

Hulu

Micron Technology

Samsung Electronics Co.

The Walt Disney Company

Twentieth Century Fox

Work highlights

  • Defended JHL Biotech against trade secrets and other claims filed by biotechnology giant and Roche subsidiary Genentech.
  • Defending 24/7 Customer in a complex, consolidated case involving patents, trade secrets, and copyright claims brought by LivePerson.
  • Represented Endo International and its subsidiary Par Pharmaceutical in a suit against QuVa Pharma.

Paul Hastings LLP

Paul Hastings LLP's trade secrets team is especially strong in trade secrets litigation involving both civil and criminal aspects. The team also advises on multi-jurisdictional disputes, and acts for international clients, such as Samsung, in US courts. Victoria Cundiff chairs the global trade secrets group in New York, while Jennifer Baldocchi leads the employee mobility and trade secrets practice from the Los Angeles office.

Practice head(s):

Victoria Cundiff; Jennifer Baldocchi

Other key lawyers:

Jeff Pade; Allan Soobert; Yar Chaikovsky

Testimonials

‘The team is professional, client-oriented and provided a good-quality service.’

‘We dealt primarily with Jeff Pade. He is an excellent team leader. Jeff has a strong focus on intellectual property disputes, but he also has experience of conducting internal investigations at pre-litigation stages. He is very good at handling complex issues. We would mention associates Anand Patel and Tad Richman. They were very responsive and both have considerable experience in IP matters. Anand gets involved in every detail of the matter, and he was very practical in the legal advice. Tad is a strategic thinker.’

Key clients

Samsung

L’Oreal

Robert Bosch

Becton Dickinson

Opus Bank

Fiber Systems International

Genoptix

Work highlights

  • Defending Samsung against NuCurrant in a complex, multi-faceted intellectual property dispute, involving claims of trade secret misappropriation under state and federal law, breach of contract, and patent infringement.

Proskauer Rose LLP

The service group at Proskauer Rose LLP is made up of experts from a number of disciplines, working seamlessly across the firm's offices in New York, Washington DC, Los Angeles, Chicago, and Boston. Key figures in the non-compete and trade secrets group include employee benefits and executive compensation partner Michael AlbumJohn Barry, who has complementary experience in the higher education sector; litigator Steven Kayman; and Guy Brenner, who leads the Washington DC labor team. Another name to note in the trade secrets group is Anthony Oncidi in Los Angeles, who heads the firm's wider labor and employment practice. Named attorneys are based in New York unless stated otherwise.

Practice head(s):

Michael Album; John Barry; Guy Brenner; Steven Kayman

Other key lawyers:

Anthony Oncidi

Key clients

Creative Artists Agency (CAA)

Sailpoint Technology

McGraw-Hill Education

Magnetar Capital

Viacom

McKinsey & Company

WorkWave

Stryker Corporation

Work highlights

  • Represented Magnetar Capitalin in obtaining ex parte seizure and temporary restraining orders against a former employee who misappropriated valuable trade secret information.
  • Representing Viacom in high-profile litigation involving Netflix’s hiring of a high-level Viacom executive, Momita SenGupta, who was under an enforceable term employment contract at the time of her October 2018 hiring by Netflix.
  • Represented McKinsey in ongoing litigation brought against a former McKinsey senior partner in federal court in New Jersey for misappropriating confidential documents belonging to McKinsey and its clients.
  • Advised WorkWave in a non-compete dispute following the field service management company hiring David Gianetto from an arguably competitive firm, Astea International, to be its COO.
  • Representing Stryker Corporation, a leading medical technology company, in non-compete matters across the country.

Weil, Gotshal & Manges LLP

Weil, Gotshal & Manges LLP's trade secrets practice is active across a number of core industry sectors and provides its clients with coast-to-coast coverage, fielding trade secrets lawyers in Boston, Houston, Washington DC, Silicon Valley and New York. The team has strengths both in litigation and in standalone advisory matters, and also handles the trade secrets aspects of transactions. The practice is jointly headed by Jeffrey Klein and Gary Friedman in New York, and Paul Genender in Texas.

Practice head(s):

Jeffrey Klein; Gary Friedman; Paul Genender

Key clients

Marsh & McLennan Companies and subsidiary Guy Carpenter

AlixPartners

Regeneron Pharmaceuticals

MSD Capital

JTM Foods

Advent International

Ministry Brands

Creative Artists Agency

Work highlights

  • Representing Marsh & McLennan and its Guy Carpenter subsidiary as plaintiffs in a high-profile lawsuit brought in New York federal court against three senior former executives who departed to a competitor.
  • Acting for Advent International in connection with trade secret litigation filed by Diamondback Industries in the US District Court for the Western District of Texas.
  • Representing AlixPartners in two separate cross-border trade secrets disputes (including proceedings in Delaware Chancery Court and Paris courts), with former managing directors in Paris and Italy who are alleged to have stolen proprietary AlixPartners information.
  • Acting for Ministry Brands in connection with a potential dispute with Web Scribble, a competitor in the online job board space, which is alleged to have been accessing proprietary websites repeatedly with client passwords and potentially stealing IP, confidential information and/or trade secrets.

Beck Reed Riden LLP

Beck Reed Riden LLP is a boutique litigation practice based in Boston, recognized by clients for its 'unparalleled' expertise in trade secrets litigation. Headed by Russell Beck, the firm advises both Massachusetts-based clients, such as Staples, on a national basis, and also acts for out-of-state clients in trade secrets matters in Massachusetts. Beck is praised by clients as 'an expert in the field of trade secret and restrictive covenant law', and is also noted for his 'ability to adjust and come up with successful solutions'.

Practice head(s):

Russell Beck

Testimonials

‘The Beck Reed Riden attorneys are very responsive to our needs. They are true subject matter experts with respect to non-competition agreements. We rely heavily on this firm for their expertise in this particular area. As a firm, we find that their fees are fair and reasonable for the services provided.’

‘The team at Beck Reed Riden is very “hands on”. They are fully engaged in the matters that we bring to them. Russell Beck and Nicole Daley are excellent attorneys who communicate well with our leadership team while providing outstanding advice and counsel to our company.’

‘When considering law firms, I reached out to state reps working to pass intellectual property law, as well as lawyers I knew, for recommendations. Beck Reed Riden was overwhelming the firm recommended. Upon engaging them it became clear why. Their knowledge of not only intellectual property law, but employment issues in general, was at the core of navigating my legal matter to a successful conclusion. In addition, their immediate attention to all matters and the care and passion they showed me throughout my ordeal went above my highest expectations.’

‘Russell Beck’s dedication to see my case through and ability to adjust to come up with successful solutions as my case took unexpected turns was amazing. It’s not only his knowledge and experience that stands out, but his compassion and genuine interest in my matter that was greatly valued.’

‘Beck Reed’s expertise in the areas of non-compete/trade secrets law is unparalleled. What makes them particularly unique is their dedication to the client – there is no delay in any response, they are available whenever needed – day, night, weekend, and their dedication to our company makes them stand out from all other outside counsel that we use.’

‘Russell Beck and Laura Raisty are particularly knowledgeable, dedicated, and responsive. There is no comparison to other firms with respect to the degree to which I feel they value our relationship, and the level of attention to our needs that they provide.’

‘Russell Beck is one of the foremost trade secret litigators in the country. He is often asked for his opinions about pending and prospective legislation in the trade secrets and non-compete arenas. His knowledge of not only the existing law, but where the law is headed makes his practice unique. Russell and his team are also highly-regarded litigators who regularly obtain excellent results for their clients, but without the unnecessary aggression or nastiness that is often displayed by other lawyers.’

‘Russell Beck stands out as not only an expert in the field of trade secret and restrictive covenant law, but someone whose opinion is sought by legislators, government employees and the media whenever legislation in this arena is being considered. Russell’s approach to litigation also differentiates him from competitors. Although his firm is small, he can litigate with anyone and can do so in a cost-effective manner. His results for his clients speak for themselves.’

Key clients

Staples

Novartis Pharmaceuticals

Syneos Health

SharkNinja

Blue-Grace Logistics

Fortive

UG2

Nuvectra Corp.

Intellia

Therapeutics

Ideal Image

Work highlights

  • Acting as trade secrets counsel to Staples.
  • Acting as counsel to Novartis Pharmaceuticals Corporation in ongoing issues.
  • Defended Nuvectra Corporation in litigation against Boston Scienfitic Corporation, related to the alleged theft of trade secrets.
  • Representing Syneos Health in connection with three separate trade secrets cases.
  • Providing counsel to Intellia Therapeutics on trade secrets issues.

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP counsels clients across a broad range of industry sectors, providing advice on protecting trade secrets and, if necessary, litigating in trade secrets misappropriation cases. The IP team is led by Washington DC-based Anand Sharma, Mark Sweet, and John Williamson, and Robert McCauley III in the Palo Alto office. Williamson is known for his work on trade secrets matters with technical aspects, such as those involving pharmaceuticals and software, while McCauley, a former deputy district attorney, extensive experience litigating trade secrets cases in court. Another name to note is Ming-Tao Yang, who advises international clients from the firm's Palo Alto office, and has a proven track record in handling IP and trade secrets disputes relating to technology.

Practice head(s):

Anand Sharma; Mark Sweet; John Williamson

Other key lawyers:

Robert McCauley III; Ming-Tao Yang

Key clients

Nissei ASB

Work highlights

  • Representing Nissei ASB in a patent infringement, breach of contract, tortious interference with business relations, and trade secret misappropriation litigation in the Western District of Missouri.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP's IP team provides trade secrets advice to clients in sectors including pharmaceuticals, consumer products, and technology. The practice is jointly led by Wayne Barsky in Century City, Josh Krevitt in New York, and Mark Reiter in Dallas. In addition, the group also an on-the-ground presence in the firm's Washington DC and Denver offices. Barsky has extensive experience of cases in the life sciences sector, while Reiter and Krevitt are particularly active in matters involving technological patents.

Practice head(s):

Wayne Barsky; Josh Krevitt; Mark Reiter

Key clients

StoneCastle Cash Management

StoneCastle Insured Sweep

StoneCastle Partners

StoneCastle Asset Management

Kimberly-Clark

Ibex Investors

Quicken Loans

SoundCloud

Allergan

A Shoc Beverage and Lance Collins

Facebook and Oculus VR

Phio Pharmaceuticals

Work highlights

  • Representing Kimberly-Clark in a trade secret misappropriation lawsuit against two former employees and their newly founded company.
  • Acting for Ibex Investors in defense of a misappropriation of trade secrets claim filed by AthenaInvest.
  • Successfully defended SoundCloud against trade secret misappropriation claims brought by Beatport.
  • Representing Phio Pharmaceuticals in claims against its former senior vice president and chief scientific officer for breach of contract, violation of fiduciary duties, unfair competition, and trade secret misappropriation.
  • Successfully acted for A Shoc Beverage in defense of trade secret misappropriation claims brought by Outlaw Beverage in the Delaware Chancery Court.

Keker, Van Nest & Peters LLP

Keker, Van Nest & Peters LLP's trade secrets practice is based in San Francisco and is headed by Rachael Meny, who has experience representing technology companies in trade secret litigation.

Morgan, Lewis & Bockius LLP

At Morgan, Lewis & Bockius LLP, trade secrets work is handled by a multi-disciplinary team comprising intellectual property professionals led by Seth Gerber, and a group of employment lawyers led by Debra Fischer. Recognized by one client as 'extremely knowledgable, very conscientious and totally responsive', Gerber and Fischer are both based in Century City, though their teams include lawyers from offices across the US, with particular strength in New York, DC and Philadelphia. The team is also experienced in cross-border disputes. Acting in conjunction with colleagues in the firm's Shanghai office, Gerber recently defended Hong Kong company uCloudlink against allegations of trade secret misappropriation brought by the Chinese company SIMO Holdings. Associate Adam Wagmeister is also recommended.

Practice head(s):

Debra Fischer; Seth Gerber

Other key lawyers:

Shaobin Zhu; Adam Wagmeister

Testimonials

‘The Morgan Lewis team did an excellent job preparing us to try to avoid litigation. Although litigation ensued, it went far better and was less of a problem than if we were not as well prepared.’

‘Both Debra Fischer and Seth Gerber were extremely knowledgeable, very conscientious and totally responsive.’

‘The trade secret litigation team at Morgan Lewis is exceptional. They know and understand that these cases move quickly, and they are prepared to do what it takes to get into court (or to be ready to defend a client in court) when the need arises. They also have an excellent grasp of California law as it relates to trade secret and restrictive covenant matters. The team has deep experience managing litigation on a nationwide basis. Their trial experience is also greater than most who practice in this area.’

‘Debra Fischer and Adam Wagmeister stand out for their ability to develop highly-effective, winning strategies quickly. They also have a firm grasp of what it takes to prepare to get into court quickly and be successful under very short deadlines and timeframes.’

Key clients

ETC Global Holdings

Zimmer Biomet

uCloudlink

Guardian Pharmacy

Wordlink Specialty

Alliant Insurance Services

Veterinary Data Services (VetData)

Kopin Corporation

Saint-Gobain

Sequoia Reinsurance

Alpert & Alpert Iron & Metal

Saint-Gobain

Work highlights

  • Defended Alliant Insurance Services in a number of trade secret misappropriation cases.
  • Defended ETC in a long-running suit brought by Inteliclear, alleging misappropriation of trade secrets.
  • Defended Kopin in a breach of contract and misappropriation of trade secrets case brought by BlueRadios.
  • Represented Saint-Gobain Performance Plastics Corporation in trade secrets misappropriation litigation against a former employee and competitor Polymer Concepts Technologies.
  • Acting for Zimmer Biomet at the International Trade Commission in a trade secrets dispute filed by Heraeus Medical.

Morrison & Foerster LLP

Morrison & Foerster LLP has a track record in trade secret litigation in the technology space. Key contacts in this area include Kenneth Kuwayti in Palo Alto and Michael Jacobs in San Francisco.

Nixon Peabody LLP

Nixon Peabody LLP's trade secrets practice is headed by Matthew McLaughlin in Boston and Lisa Sullivan in Chicago, and operates within the broader litigation department, which is led by Scott O’Connell in Manchester, New Hampshire. The firm is currently representing W.B. Mason in litigation with a number of firms related to alleged misappropriation of trade secrets. It also acted for Lifetouch National School Studios, in a case involving the use of new technology in trade secrets misappropriation. Josh Ruskusky is another key contact in the Chicago office.

Practice head(s):

Scott O’Connell; Matthew McLaughlin; Lisa Sullivan

Other key lawyers:

Josh Ruskusky

Testimonials

‘The team is composed of high-level experts that provide very clear and specific recommendations always putting the client first and prioritizing their interests. In IP litigation the strength of the team is that they always propose different scenarios to its client, to make sure the issue has been considered from all perspectives.’

‘The team is very close to its clients and it is very easy to reach out. The team always make sure the client is comfortable with the strategy proposed, and update the client very regularly: the client is not ignored in the discussions and the strategy.’

Key clients

ClimaCell

CVS Pharmacy

Lifetouch National School Studios

Pliancy

W.B. Mason

Work highlights

  • Representing W.B. Mason in litigation with ImpactOffice, George W. Allen, and a number of other affiliated entities in litigation related to the alleged misappropriation of trade secrets.
  • Representing Lifetouch National School Studios in a lawsuit against its former employees and its competitor Walsworth Publishing alleging a conspiracy to misappropriate Lifetouch’s trade secrets.
  • Acted for ClimaCell in a suit alleging misappropriation of trade secrets against a former founder of the company who left CliamCell and filed patent applications on inventions owned by the company.
  • Represent bemortgage and Joseph Caltabiano in defending against a suit brought by Caltabiano’s former employer, Guaranteed Rate, alleging misappropriation of trade secrets.

Steptoe & Johnson LLP

Steptoe & Johnson LLP's trade secrets practice is distinguished by its experience in cross-border matters, particularly those involving Chinese companies. Acting in partnership with the firm's Beijing office, the team has a track record of work for major Chinese clients such as Huawei, Hytera, and Shougang Steel. In addition, it has also acted for European clients, including the Czech manufacturer CODA Development, further demonstrating the team's international reach. The IP practice is jointly led by Michael Allan and Boyd Cloern in Washington DC, and Jay Nuttall in Chicago.

Practice head(s):

Michael Allen; Jay Nuttall; Boyd Cloern

Key clients

Hytera Communications Corporation

CODA Development

Huawei Technologies Co.

Huawei Device USA

Huawei Technologies USA

Future Wei Technologies

Huawei Technologies Co.

Zhengxiang MA

Shougang Steel Company

E. & J. Gallo Winery

Work highlights

  • Acting as lead counsel to Hytera in a complex trade secret and copyright infringement case.
  • Successfully represented Huawei Technologies Co. and Huawei Device USA  in a trade secrets misappropriation case against T-Mobile.
  • Represented Shougang Steel in a complex trade secret and false designation of origin investigation.

Baker & Hostetler LLP

Headed by Joyce Ackerbaum Cox in Orlando, Baker & Hostetler LLP's restrictive covenants group handles trade secret litigation and noncompetes. Indeed, the team has recently been involved in multiple novel cases in which trade secret litigation is used in place of non-compete agreements, as states increasingly restrict the use of non-competes. The practice group also has an on-the-ground presence in Houston, Cincinnati, Atlanta, and New York.

Practice head(s):

Joyce Ackerbaum Cox

Other key lawyers:

Patrick Muldowney; John Siegal

Baker Botts L.L.P.

Baker Botts L.L.P.'s trade secrets team is active in a range of sectors including pharmaceuticals, technology, chemicals, and food and drink, with many clients of the trade secrets practice also working with the firm on other IP matters. In addition to litigation, the team counsels companies working in new technologies, such as virtual reality, on issues relating to trade secrets. The trade secrets group forms a part of the firm's wider intellectual property department, led by Bart Showalter in Dallas, Robert Scheinfeld in New York, and Kevin Meek and Christopher Ryan in Austin. IP litigator Katharine Burke in Washington DC is also recommended for trade secret litigation.

Practice head(s):

Bart Showalter; Robert Scheinfeld; Kevin Meek; Chris Ryan

Other key lawyers:

Katharine Burke

Key clients

Ribbon Communications

Mastercard International

PepsiCo

Manitowoc Cranes

Samsung Electronics

Utex Industries

Propago

BrightEdge Technologies

Work highlights

  • Represented Ribbon in a trade secret case against its competitor, Metaswitch Networks, in which Ribbon alleged that Metaswitch had engaged in a widespread campaign, led by its senior management, to steal and use Ribbon’s trade secrets.
  • Representing Mastercard in trade secrets lawsuit against Linkable Networks in the Supreme Court of the State of New York.
  • Successfully acted for PepsiCo in defense of a trade secrets suit brought by ScentSational Technologies.
  • Defending Samsung Electronics in a lawsuit filed by ZeniMax over the use of virtual reality technology in the Gear VR headset.
  • Representing Utex Industries in a suit against Gardner Denver, alleging that Gardner Denver misappropriated Utex’s trade secrets.

Choate, Hall & Stewart

Choate, Hall & Stewart's trade secrets team is particularly active in the area of life sciences. The practice group is jointly led by Michael Bunis and Paul Popeo, both based in the firm's Boston office. Anita Spieth has also been recommended.

Cooley LLP

Cooley LLP specializes in handling highly technical cases involving manufacturing, life sciences, and technology. Key figures in the team include New York-based Ian Shapiro, who heads the East Coast business litigation group; Michael Sheetz in Boston, who has complementary experience negotiating employment contracts; and Stephen Smith, who chairs the IP litigation team from Washington DC. Adam Gershenson, also based in Boston, is another name to note. Jonathan Bach left the firm in January 2019 to join Shapiro Arato Bach.

Practice head(s):

Ian Shapiro; Michael Sheetz; Stephen Smith

Other key lawyers:

Adam Gershenson

Key clients

Bloomberg

Sotera Wireless

Avita Medical

Mott Corporation

Phoenix Navigation

Tampa Bay Fisheries

Rubrik

Work highlights

  • Defended Bloomberg against patent infringement and theft of trade secret claims brought by iSentium.

DLA Piper LLP (US)

DLA Piper LLP (US)'s trade secrets team has a strong nationwide footprint, and is also well placed to handle cross-border trade secrets matters working alongside colleagues in the firm's international network. In particular, the team has extensive experience acting in conjunction with the firm's Shanghai office in cases involving Chinese companies. The practice group is jointly headed by by patent and trade secret litigator Paul Steadman in Chicago, and Silicon Valley-based Rajiv Dharnidharka, who specializes in trade secrets and software copyright disputes. Eric Hagen left the firm in October 2019 for an in-house position at Austin FC.

Practice head(s):

Paul Steadman; Rajiv Dharnidharka

Key clients

BuildingConnected

My Hearing Centers

Akamai Technology

Check Point Software

Gameloft

Work highlights

  • Obtained a motion for dismissal and successfully resolved a trade secret matter for My Hearing Centers.
  • Defending Akamai Technologies and Check Point Software in a trade secret technology suit regarding special internet filtering products
  • Defending video game maker Gameloft in a copyright, contract and trade secret matter in the Northern District of California.

Drinker Biddle & Reath LLP

Faegre Drinker Biddle & Reath fields a 'very personable' trade secrets team, which is a key part of the wider intellectual property group. The trade secrets group is led by Lora Brzezynski in Washington DC, whom clients have described as 'fantastic to work with'. A niche expertise for the group is the representation of real estate brokers transitioning between companies, an area where Allen Farber in Washington DC is a key contact. The wider IP practice is jointly led by Jennifer Dean and former USPTO patent commissioner Robert Stoll in Washington DC, IP litigator Frank DiGiovanni in Wilmington, and Ira Kalina in Chicago.

Practice head(s):

Robert Stoll; Frank DiGiovanni; Jennifer Dean; Ira Kalina

Other key lawyers:

Lora Brzezynski; Allen Farber

Testimonials

‘The team we have worked with on trade secrets made our defense a success. The team is very personable and provides the best value legal support for complex legal issues in the trade secret area.’

‘Lora Brzezynski is one of the most capable people you will ever meet. Lora is fantastic to work with. Not only is she knowledgeable, but her insights and persistence will save cost through successful litigation practice. She is an asset for any company involved in technical services or products as they navigate trade secret discussions.’

Work highlights

  • Defended Proximex Corporation, a Johnson Controls Company, against allegations of trade secret misappropriation.

Mayer Brown

Mayer Brown's trade secrets practice is led by John Mancini in New York, and also includes Dale Giali in Los Angeles. Mancini has experience in cases involving digital media and the Internet, while Giali has advised on cases involving foods and beverages.

Practice head(s):

John Mancini; Dale Giali

Ropes & Gray LLP

The team at Ropes & Gray LLP is active in trade secrets litigation both at the state and the federal levels, handling cases under the Defend Trade Secrets Act. The service group is well placed to handle trade secrets matters nationwide, leveraging an on-the-ground presence in San Francisco, Boston, New York, Silicon Valley and Washington DC. The team also has experience of cross-border matters, working in conjunction with colleagues throughout the firm's international network. Trade secrets matters are handled by the wider IP litigation team, which is jointly led by Andrew Thomases in San Francisco and Peter Brody in Washington.

Practice head(s):

Andrew Thomases; Peter Brody

Key clients

IQE

SAP.io Fund

Central Maine Healthcare

Beam Therapeutics

JHL Biotech

Oscar de la Renta

Work highlights

  • Representing SAP.io Fund in a trade secret dispute against Champion Muthle.

Schiff Hardin LLP

'Very responsive and strategically brilliant', Schiff Hardin LLP's Chicago-based trade secrets group acts for clients across the US in complex litigation. Headed by Matthew Prewitt, the service group is composed of lawyers from the firm's corporate, IP, and employment practices. The team has continued its representation of Bunnett & Company in multi-year litigation against a number of the companies' former employees and suppliers. This matter has included a number of lawsuits and appeals in California and Texas as well as arbitration in Singapore.

Practice head(s):

Matthew Prewitt

Testimonials

‘Amazing customer service.’

‘Very responsive. Strategically brilliant. Provide pro-active and great customer service.’

‘The Trade Secrets team at Schiff Hardin is responsive and knows the state of the current law across the country.’

‘Matthew Prewitt is well-respected for his knowledge in relation to trade secrets and restrictive covenants. I have worked with him and his team through my General Counsel tenure at two privately-held companies during which time he provided outstanding guidance and counsel. Matt responds promptly, recalls every detail no matter how small, keeps up-to-date with knowledge of the ever-changing and evolving restrictive covenant laws throughout the country and is my go-to attorney for all matters related to trade secrets or violation of non-compete clauses.’

Key clients

Bunnett & Company and Energy Feeds International

HCL Technologies

HCL America

Bell Flavors and Fragrances

Altaris Capital Partners

Insight Global

Logoplaste Group

Plibrico Company

National Grid

Justrite Manufacturing Company

Work highlights

  • Represented Bell Flavors in trade secret litigation related to popcorn flavoring.
  • Representing National Grid in litigation against an environmental and consulting firm, alleging that the firm disclosed confidential information.
  • Represented Bunnett & Company and Energy Feeds International in multi-forum litigation involving misappropriation of trade secrets.

Stroock & Stroock & Lavan LLP

Headed by Laura Goldbard George, Stroock & Stroock & Lavan LLP's trade secrets group has recently been involved in trade secrets misappropriation cases in the software industry. Other contacts in the New York team are Jason Sobel and Ian DiBernardo.

Practice head(s):

Laura Goldbard George

Other key lawyers:

Jason Sobel; Ian DiBernardo

Key clients

CBS Broadcasting

Accruit

Paysafe Acquisition

ProSight Global

Sound Around

Ultimate Software Group

Seiko Holdings Corporation

Carnegie Fabrics

Tradeweb Markets

Work highlights

  • Defending Ultimate Software Group in litigation brought by ADP alleging misappropriation of trade secrets.
  • Representing Ultimate Software Group in defense of trade secret litigation brought by MasterTax.

White & Case LLP

White & Case LLP's trade secrets practice is led by Michael Songer, who joined the firm's Washington DC office from Crowell & Moring LLP in January 2019. In the past year, Songer has been involved in trade secrets and IP litigation relating to military and railway technology, automated vehicles and pharmaceuticals.

Practice head(s):

Michael Songer

Key clients

Pfizer

Lockheed Martin

Siemens Mobility

Derive Systems

Derive Power

Dana

Brevini USA

Work highlights

  • Defending Lockheed Martin in an alleged theft of trade secrets case brought by FastShip, a cargo service.
  • Representing Siemens Mobility, a major railway company, in defense of alleged theft of trade secrets from Wabtec, a competing rail transport company.
  • Representing the software company Derive in a copyright infringement and trade secret misappropriation case against EZ Lynk, an automated vehicle communications company.
  • Acting for Pfizer in a trade secrets case.
  • Representing Dana and Brevini, suppliers of drivetrain, in an alleged trade secrets misappropration case brought against former employees of Dana.

Winston & Strawn LLP

Spread across several of the firm's offices, Winston & Strawn LLP's trade secrets group is particularly active in cases relating to technology, excepting the lawyers in the Texas offices, who specialize in acting for energy companies. The practice group is jointly led by tech litigator David Enzminger in New York, Houston-based John Keville, who has a background in mechanical engineering, and Steven Grimes, who divides his time between Chicago and Hong Kong. Sheryl Falk is another key contact; she co-leads the firm's global privacy and data security group.

Practice head(s):

David Enzminger; Steve Grimes; John Keville

Other key lawyers:

Sheryl Falk

Key clients

Alixa Rx

Metaswitch Networks

Paloma Resources

Product Quest Manufacturing

Schlumberger

Tenneco

Total Rod Concepts

Walmart

Work highlights

  • Handling an appeal before the Federal Circuit for AlixaRx in relation to trade secrets litigation brought by Tech Pharmacy Services; the client was successful at first instance.
  • Represented FABco against Commercial Metals Co. in a trade secrets misappropriation case, which settled on eve of trial.
  • Acted for Metaswitch in litigation brought by Genband, recently securing a settlement.
  • Representing Accresa Health in a trade secrets misappropriation, breach of contract, and fraud case against defendant Hint Health.
  • Representing M-I in a copyright infringement and misappropriation of trade secrets case.