Trade Secrets and Employee Mobility

Clients in a wide range of industries entrust us with their most complex and high-stakes trade secret litigation. Our attorneys have successfully prosecuted and defended trade secret misappropriation cases for clients in the fields of health care, entertainment, finance, aerospace, and telecommunications, among others. In courts and alternative dispute resolution forums throughout the country, our attorneys draw on their wealth of trial experience to develop strategic and cost-effective paths to victory — and do so quickly. Recognizing that trade secret cases often turn on requests for preliminary injunctive relief, speed is paramount. We have obtained immediate results, such as arranging for the return of stolen trade secrets and quickly ending solicitation of stolen trade secrets. On the defense side, we have successfully warded off efforts by competitors to pry into our client’s own trade secrets.

We also have substantial experience litigating claims that frequently arise in connection with trade secrets’ litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Representative Matters

  • Won high-profile three-week federal jury trial on misappropriation of trade secrets and breach of contract claims for T-Mobile.  The jury awarded multi-million-dollar verdict and found that Huawei Devices USA stole T-Mobile’s smartphone robotic testing technology and violated its contractual obligations to T-Mobile.
  • Defeated TRO and preliminary injunction applications on behalf of SpaceX in a well-publicized dispute against Broadcom involving allegations of unfair competition and trade secret misappropriation.
  • Obtained broad injunctions against theft of trade secrets and confidential information, admissions of misappropriation of confidential information, and published apologies from five former employees of CoreLogic Solutions, LLC, one of the country’s leading property information, analytics and services providers.
  • Won summary judgment for Electronic Arts on trade secret misappropriation claim and secured affirmance of that ruling by the Ninth Circuit on appeal.
  • Successfully represented one of the nation’s largest specialty staffing companies against the company’s former CEO who brought claims for wrongful termination and sought to invalidate his non-compete and non-solicit obligations.  On the eve of trial, we obtained a favorable settlement which kept intact the former CEO’s “for cause” termination and reaffirmed his non compete and non solicit obligations.
  • Obtained sweeping temporary restraining order and injunction for theft of trade secrets and confidential information against a former employee of medical device company, who left to join a primary competitor.
  • Represented one of the most prominent technology companies in the United States in a suit against a former program manager, his business partner and their new company, including claims for breach of non‑solicitation and other contractual obligations, and tort claims.  Obtained a favorable settlement, containing both a monetary component and prospective restrictions on contact with and hiring of the client’s employees.
  • Currently arbitrating case involving allegations of theft of trade secrets and violation of contractual non solicitation clauses by former employees of one of the nation’s largest specialty staffing companies.