Effective strategies for protecting trade secrets are a critical component of doing business in any industry. Our experienced lawyers help develop and implement comprehensive, proactive solutions to complex trade secrets issues worldwide.
In today’s dynamic, digital business environment, mishandling of trade secrets is happening with increased frequency and severity – and often without senior leadership knowledge and without malicious intent. But they still need to be fully investigated, understood, and remediated — with or without litigation.
When litigation is necessary, we represent plaintiffs and defendants in US state and federal courts, arbitrations, and administrative actions at all levels, including before the International Trade Commission.
Our team is highly experienced in fast-paced injunctions and temporary restraining orders, expedited discovery and dispositive motions, trial, and appellate practice, internationally and across all industries. We collaborate with colleagues worldwide to assess and resolve cross-border, multi-jurisdictional matters.
“The DLA Piper team is extremely knowledgeable and helpful.”
Chambers USA 2024
We prosecute and defend trade secrets misappropriation cases in all settings. These include business-to-business dealings, employee mobility scenarios, idea-submission cases, and overlapping state and federal claims that often arise in connection with trade secrets claims.
Because trade secrets matters occur in different circumstances, we work seamlessly with other practices across our firm – including Data Security, Compliance, e-Discovery, Employment Mobility, Patent Litigation, Copyright, Trademark, and Media – to manage the full spectrum of issues in an integrated way.
We’ll work closely with you to meet your objectives in all scenarios: when a data privacy breach is investigated or an e-discovery project is in progress and trade secrets are uncovered; when trade secret issues arise with departing or onboarding employees; or when an investigation or litigation involves several forms of intellectual property.
Awards and recognition
Experience
Obtaining a summary judgment victory for a global pharmaceutical company against trade secret claims related to three highly successful medical device product lines, with eight-figure damages claimed and a permanent injunction sought.
Obtaining a 10-week bench trial victory for a food manufacturing company with a permanent injunction to protect its secret recipe.
Defending an international cryptocurrency company against a USD100 million claim for trade secret misappropriation and other business torts related to its Asia-Pacific business plan.
Advising a confidential multinational chemicals and manufacturing company in connection with an FBI investigation into an employee trying to sell company trade secrets abroad.
Advising a confidential technology company where a c-suite executive developed a competing product while still employed by our client. Through pre-litigation positioning and strategy, we obtained complete capitulation, resulting in the assigning of all IP rights of the product to our client, the surrendering of all company stock and options by the executive, and their payment of all lawyers’ fees and costs associated with the pre-litigation investigation, including all forensic expenses.
Investigating and resolving an internal matter for a blue-chip client which involved an extensive trade secret theft by recently onboarded employees and partners. The new arrivals had surreptitiously used third-party systems to smuggle trade secrets from their prior employer to our client, a company in a highly regulated field. They had disguised it all as a new product, claiming they had built it at the company in record time. Together with our client, we investigated the matter, uncovered the full extent of the activities, resolved the matter with the exploited prior employer without litigation, avoided regulatory investigation, avoided litigation with down-stream customers, and resolved the employment issues without litigation – on time and under budget.
Advising a global pharmaceutical company on policies and procedures for trade secret protection and quick reaction.
Advising an organic cosmetics ingredient manufacturer on state and federal bet-the-company trade secret misappropriation action, involving allegations of theft by a former consulting scientist.
Assess the maturity of your trade secrets protection strategy
We have created an easy to use tool based on EU law to help businesses assess the maturity of their trade secrets protection strategy. Once an overall maturity level is determined, our lawyers can provide an overview of the best course of action to improve, maintain and monitor your strategy.