Overview
We recognize that trade secrets come in a variety of forms across industries – from business plans to customer lists, manufacturing formulas to computer code. We work with our clients to understand their unique business in order to tailor strategies to identify, define, and protect their trade secrets. We strive to provide our clients with well-defined analysis of the risks and rewards.
We also regularly defend clients accused of misappropriating another’s trade secrets.
When feasible, we work to resolve disputes through negotiation. However, when additional action is necessary, we move rapidly and decisively to seek a favorable outcome. Speed is often critical and we have the knowhow, experience and resources to act quickly.
Technical knowledge is critical to success in trade secrets cases—understanding and explaining to a court how trade secrets are stored, protected, and transferred requires training and experience. We have both—our dedicated e-discovery lawyers are integral to our team.
With deep experience on both sides of trade secrets misappropriation claims, we are adept at sensible case assessment and prompt action in both state and federal courts. We regularly bring the entirety of the firm’s resources to bear, partnering with our labor and employment, commercial litigation, and intellectual property teams.
Representative Work
Representative Work
- Prevailed in federal jury trial against corporate competitor and former employee for misappropriation of trade secrets, violation of state unfair and deceptive trade practices act, breach of noncompete agreement. Also secured directed verdict on Lanham Act counterclaims
- Obtained appellate reversal of trial court judgment denying employer's claim of violation of Uniform Trade Secret Act, breach of fiduciary duty, and conversion for employee's misappropriation of company data. Expanded scope of employee fiduciary duty under Section 396 of the Restatement Second of Agency and established authority on the issue of trade secret ownership
- Summary judgment granted for client on breach of fiduciary duty, fraud, and trade secrets claim arising in bankruptcy adversary proceedings with claims in excess of $45 million
- Represented public steel company as co-counsel in connection with theft of trade secrets and unfair competition and trade practices claims
- Represented a prominent national information technology staffing company in cases throughout North Carolina and others states, asserting or defending against claims relating to covenants not to compete and misappropriation of trade secrets
- Represented a regional electrical contracting company defending against a lawsuit for employee raiding and misappropriation of trade secrets. Following aggressive expedited discovery and deposition of key plaintiff witness, achieved a “walk-away” dismissal of suit without any payment of damages or injunction restricting the client’s business
- Represented a national insurance brokerage company in prosecuting employee raiding and misappropriation of trade secrets claims against departing executives and a competing insurance brokerage business. Discovery included extensive electronic discovery issues and use of forensic analysis
