WilmerHale supports clients through all stages of trade secrets litigation, from discovery and collaboration with forensic experts, to appeals. The team acts as both plaintiff and defence counsel for companies across industries, particularly life sciences, FinServ, and tech, and its clientele includes Fortune 500-listed businesses. Co-leading from the East and West Coasts. Omar Khan in New York has notable skills in handling competitor disputes, and Joshua Lerner in San Francisco is recommended for restriction orders and injunctive relief proceedings. The other key members of the group are Robert Gunther in Boston, adept at trade secrets misappropriation claims; Mark Selwyn in Palo Alto, who leverages experience before the ITC; and seasoned trial attorney Joseph Mueller, also based in Boston.
Legal 500 Editorial commentary

Key clients

  • Apple Inc.
  • Bluestone Equity Partners
  • CreateAI
  • Cummins Inc.
  • Roche Molecular Systems, Inc.

Work highlights

Represented Apple in the multi-billion-dollar trial against Masimo Corp., where Apple was accused of wrongly acquiring trade secrets from Masimo for pulse oximetry technology incorporated into Apple Watch.
Served as lead counsel for Roche in proceedings in the Northern District of California that Roche brought against Foresight Diagnostics, Stanford University, and three individual defendants involving trade secrets related to cancer detection and monitoring tech.
Practice head

Omar Khan; Joshua Lerner

Other key lawyers

Robert Gunther; Mark Selwyn; Joseph Mueller