Client Services / Intellectual Property, Media & Technology / Trade Secrets

Trade Secrets

Trade secrets encompass an enormous variety of confidential information conferring a competitive advantage on our clients.  Our Intellectual Property, Media & Technology Department has extensive expertise in trade secrets litigation and counseling, for clients in dozens of industries, ranging from high technology and life sciences technology companies, to manufacturing, financial services and entertainment companies.

In litigation, we have handled hundreds of trade secret lawsuits and disputes over the past 25 years, in venues ranging from state and federal courts around the nation, to the International Trade Commission and other tribunals. 

We have obtained temporary retraining orders (TRO) and preliminary injunctions, and won jury trials, including awards of punitive damages, under theories such as actual or threatened misappropriation under the Uniform Trade Secrets Act, to judicial doctrines including inevitable disclosure. 

Representing trade secret defendants, we have successfully opposed TROs and preliminary injunctions, and have obtained defense jury verdicts at trial, along with successful counterclaims under tort and other theories.

McDermott lawyers have also been involved in many trade secret lawsuits with parallel criminal proceedings, on behalf of both the victim and the accused.  We have excellent relationships with numerous federal, state and local law enforcement authorities, along with U.S. Attorneys and local district attorneys in venues around the nation.

Our experience is virtually unsurpassed when it comes to counseling clients.  Our lawyers have counseled thousands of individuals and companies, from start-ups to Fortune 100 firms, on trade secret protection measures and on employee mobility issues, in particular the compliance with non-compete covenants and the avoidance of misuse or improper disclosure of former employers’ trade secrets. 

Client counseling occurs in every stage of the trade secrets cycle – from the identification of trade secrets, to implementation of measures to protect trade secrets, employee education, exit interviews and preparation for civil or criminal litigation.

Unlike some other forms of intellectual property enforcement, a trade secrets lawsuit often arises with no notice and requires immediate and round-the-clock work to obtain necessary remedies before irreparable harm results from the misuse or unauthorized disclosure of stolen secrets, or to defeat unfounded claims of misappropriation that can jeopardize the future of a company or individual. Our lawyers possess the experience and dedication to accomplish our clients’ goals in trade secrets issues.

Contacts

Intellectual Property, Media & Technology Client Services

McDermott Will & Emery

McDermott Will and Emery