Trade Secrets, Computer Fraud & Non-Competes
As today’s businesses meet the challenges of an intense global market, securing intellectual capital, trade secrets, and confidential information is more crucial than ever. At a minimum, failure to take both proactive and reactive measures could result in significant loss of profitability and goodwill. Even companies with sound protective policies, procedures, and agreements in place must be ready to protect themselves if intellectual capital theft arises.
HOW WE HELP
Our Trade Secrets, Computer Fraud & Non-Compete attorneys help our clients holistically protect their intellectual capital by advising on how to avoid trade secret misappropriation and by aggressively litigating when a violation occurs.
To protect against trade secret misappropriation and theft, we counsel our clients on how to best secure their property—including audits of existing trade secrets and intellectual capital; confidentiality, non-compete, and nondisclosure agreements; electronic information protection systems; and other trade secret protection policies and employee training practices. Likewise, we work with our clients to manage employees’ use of social media to avoid inadvertent disclosures of company trade secrets or confidential information. Finally, we recommend innovative and proven strategies to shore up weak or non-existent protective measures and negotiate more effective agreements with business partners and allies.
When an employee, former employee, or competitor is caught stealing confidential business assets or violating non-compete or nonsolicitation agreements, we help our clients protect, preserve, and recover their property. Our attorneys seek injunctions and work collaboratively with law enforcement personnel, including the US Attorney’s Office, FBI, and local authorities, to pursue criminal charges against alleged wrongdoers. In addition, we work with private investigators to investigate and recover highly sensitive and valuable information. Our experienced litigators also regularly and aggressively defend individuals and companies who have been accused of violating covenants or stealing, using, or disclosing confidential information. Our experience representing both companies and employees as plaintiffs and as defendants gives us a balanced, practical approach to delivering effective solutions to our clients. In the last decade, our team has handled more than 150 trade secret cases, either under the federal Defend Trade Secrets Act or under state law.
We have experience representing clients in every industry, including technology, manufacturing, retail, food and beverage, health care, biotech, medical devices, pharmaceutical, financial services, insurance, logistics, and automotive. Our attorneys have handled hundreds of actions in state and federal courts throughout the country, as well as covenant enforcement proceedings before FINRA-convened arbitration panels and other alternative dispute resolution venues.
THE SEYFARTH EXPERIENCE
Our attorneys help clients run their businesses more effectively by keeping them apprised of important developments in trade secrets law, including changes that necessitate new agreements or revised employee onboarding and separation procedures. We are able tap the resources of our expansive national platform by working with our eDiscovery & Information Governance team to ensure that our clients are properly preserving, assembling, and recovering information necessary to build their case. Our national practice also enables us to maintain an unparalleled database of state-specific research, briefs, and other documentation that gives our clients an added edge.
- Represented large international telecommunications company in multijurisdictional litigation related to the theft of our client’s trade secrets, conspiracy, engaging in unfair competition, and violating the Racketeer Influenced and Corporate Organizations Act (RICO) in a matter valued at approximately $100 million.
- Obtained a temporary restraining order against former employees, including a California-based former employee, in a matter valued at more than $25 million for a Fortune 500 company.
- Defeated a $17 million claim related to alleged kickbacks and prosecuted misappropriation of confidential information on behalf of a client.
- Represented a client in a case valued at more than $5 million that set national precedent in venue disputes related to trade secrets and non-competes.
- Successfully represented a client in defeating former employee’s attempts to circumvent a forum selection clause in the non-compete agreement in a matter valued at more than $1 million.
- Represented a client in a suit against a former employee alleging breach of contract, actual and threatened misappropriation of trade secrets, and conversion due to removal of our client’s trade secrets, and the matter involved a complicated venue and choice of law fight that our team ultimately won.
- Represented a client in a multiweek trade secret jury trial resulting in a multimillion-dollar award for willful and malicious trade secret misappropriation.
- Secured a victory in a data theft and employee raiding battle against six of our client’s California-based former employees and their new employer, and the multicount complaint included claims for breach of restrictive covenants, unfair competition, and breach of fiduciary duty.
- Obtained a permanent injunction against a Chinese national and stopped him from using trade secrets and confidential information stolen from our client, and our team cooperated with an FBI investigation into the defendant’s conduct and subsequent actions by the US Attorney in San Diego, California.
- Retained as national non-compete and trade secret counsel for a client, in which our team handles more than 30 counseling matters, including making improvements to internal policies and procedures to protect trade secrets, drafting their restrictive covenant agreements, and assisting with delicate onboarding and departure issues.
- Retained as national trade secret counsel for an insurance and financial services company, and we advise our clients on best practices for handling and preserving trade secrets, consult on all trade secret issues, and institute litigation when necessary to recover and protect trade secrets.
Related Trends
Related News & Insights
-
Sponsored Events
12/09/2024
Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024
-
Blog Post
11/18/2024
Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024
-
Blog Post
11/12/2024
FTC Amends Pre-Merger Notification Rules Affecting Use of Restrictive Covenants
-
Blog Post
10/29/2024
Cryptocurrency Collective Files Trade Secret Suit to Protect Its Interest in Wu-Tang Clan Album
Recognition
-
Recognition
10/03/2024
Seyfarth Cited in World Intellectual Property Review’s 2024 Global Trade Secrets Rankings
-
Recognition
06/12/2024
Seyfarth Earns Top Tier Rankings Again in The Legal 500
-
Recognition
06/11/2024
Three Seyfarth Lawyers and the Firm Earn Recommended Status from IAM Patent 1000
-
Recognition
10/06/2023
Dawn Mertineit Named as Massachusetts Lawyers Weekly 2023 Top Women of Law Honoree
As today’s businesses meet the challenges of an intense global market, securing intellectual capital, trade secrets, and confidential information is more crucial than ever. At a minimum, failure to take both proactive and reactive measures could result in significant loss of profitability and goodwill. Even companies with sound protective policies, procedures, and agreements in place must be ready to protect themselves if intellectual capital theft arises.
HOW WE HELP
Our Trade Secrets, Computer Fraud & Non-Compete attorneys help our clients holistically protect their intellectual capital by advising on how to avoid trade secret misappropriation and by aggressively litigating when a violation occurs.
To protect against trade secret misappropriation and theft, we counsel our clients on how to best secure their property—including audits of existing trade secrets and intellectual capital; confidentiality, non-compete, and nondisclosure agreements; electronic information protection systems; and other trade secret protection policies and employee training practices. Likewise, we work with our clients to manage employees’ use of social media to avoid inadvertent disclosures of company trade secrets or confidential information. Finally, we recommend innovative and proven strategies to shore up weak or non-existent protective measures and negotiate more effective agreements with business partners and allies.
When an employee, former employee, or competitor is caught stealing confidential business assets or violating non-compete or nonsolicitation agreements, we help our clients protect, preserve, and recover their property. Our attorneys seek injunctions and work collaboratively with law enforcement personnel, including the US Attorney’s Office, FBI, and local authorities, to pursue criminal charges against alleged wrongdoers. In addition, we work with private investigators to investigate and recover highly sensitive and valuable information. Our experienced litigators also regularly and aggressively defend individuals and companies who have been accused of violating covenants or stealing, using, or disclosing confidential information. Our experience representing both companies and employees as plaintiffs and as defendants gives us a balanced, practical approach to delivering effective solutions to our clients. In the last decade, our team has handled more than 150 trade secret cases, either under the federal Defend Trade Secrets Act or under state law.
We have experience representing clients in every industry, including technology, manufacturing, retail, food and beverage, health care, biotech, medical devices, pharmaceutical, financial services, insurance, logistics, and automotive. Our attorneys have handled hundreds of actions in state and federal courts throughout the country, as well as covenant enforcement proceedings before FINRA-convened arbitration panels and other alternative dispute resolution venues.
THE SEYFARTH EXPERIENCE
Our attorneys help clients run their businesses more effectively by keeping them apprised of important developments in trade secrets law, including changes that necessitate new agreements or revised employee onboarding and separation procedures. We are able tap the resources of our expansive national platform by working with our eDiscovery & Information Governance team to ensure that our clients are properly preserving, assembling, and recovering information necessary to build their case. Our national practice also enables us to maintain an unparalleled database of state-specific research, briefs, and other documentation that gives our clients an added edge.
Key Contacts
Related Practices
Blogs
Additional Resources
- Represented large international telecommunications company in multijurisdictional litigation related to the theft of our client’s trade secrets, conspiracy, engaging in unfair competition, and violating the Racketeer Influenced and Corporate Organizations Act (RICO) in a matter valued at approximately $100 million.
- Obtained a temporary restraining order against former employees, including a California-based former employee, in a matter valued at more than $25 million for a Fortune 500 company.
- Defeated a $17 million claim related to alleged kickbacks and prosecuted misappropriation of confidential information on behalf of a client.
- Represented a client in a case valued at more than $5 million that set national precedent in venue disputes related to trade secrets and non-competes.
- Successfully represented a client in defeating former employee’s attempts to circumvent a forum selection clause in the non-compete agreement in a matter valued at more than $1 million.
- Represented a client in a suit against a former employee alleging breach of contract, actual and threatened misappropriation of trade secrets, and conversion due to removal of our client’s trade secrets, and the matter involved a complicated venue and choice of law fight that our team ultimately won.
- Represented a client in a multiweek trade secret jury trial resulting in a multimillion-dollar award for willful and malicious trade secret misappropriation.
- Secured a victory in a data theft and employee raiding battle against six of our client’s California-based former employees and their new employer, and the multicount complaint included claims for breach of restrictive covenants, unfair competition, and breach of fiduciary duty.
- Obtained a permanent injunction against a Chinese national and stopped him from using trade secrets and confidential information stolen from our client, and our team cooperated with an FBI investigation into the defendant’s conduct and subsequent actions by the US Attorney in San Diego, California.
- Retained as national non-compete and trade secret counsel for a client, in which our team handles more than 30 counseling matters, including making improvements to internal policies and procedures to protect trade secrets, drafting their restrictive covenant agreements, and assisting with delicate onboarding and departure issues.
- Retained as national trade secret counsel for an insurance and financial services company, and we advise our clients on best practices for handling and preserving trade secrets, consult on all trade secret issues, and institute litigation when necessary to recover and protect trade secrets.
Related Trends
Related News & Insights
-
Sponsored Events
12/09/2024
Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024
-
Blog Post
11/18/2024
Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024
-
Blog Post
11/12/2024
FTC Amends Pre-Merger Notification Rules Affecting Use of Restrictive Covenants
-
Blog Post
10/29/2024
Cryptocurrency Collective Files Trade Secret Suit to Protect Its Interest in Wu-Tang Clan Album
Recognition
-
Recognition
10/03/2024
Seyfarth Cited in World Intellectual Property Review’s 2024 Global Trade Secrets Rankings
-
Recognition
06/12/2024
Seyfarth Earns Top Tier Rankings Again in The Legal 500
-
Recognition
06/11/2024
Three Seyfarth Lawyers and the Firm Earn Recommended Status from IAM Patent 1000
-
Recognition
10/06/2023
Dawn Mertineit Named as Massachusetts Lawyers Weekly 2023 Top Women of Law Honoree