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TRADE SECRETS

We proactively safeguard your assets, help you maintain your competitive edge, and keep your competitors from gaining access to your most valuable trade secrets.

Our approach

The federal government is increasingly cracking down on trade secret theft and companies are more concerned than ever about protecting their trade secret assets. But, despite the fact that trade secret protection is crucial to the success of any business, many lag behind when it comes to developing comprehensive policies, processes, and written agreements to protect their most valuable trade secrets.

We understand that your trade secrets are likely not sitting in a vault or on a balance sheet—but in the cloud, on thumb drives, on remote hard drives and international servers, and in your employees’ heads. And, in the hands of a competitor, your trade secrets can provide a devastatingly powerful competitive advantage.

We know that trade secrets are more than just an “IP issue” or an “employment matter.” And, unlike other firms, we take a 360-degree approach to safeguarding your trade secrets. We understand what’s at risk. And we know how to protect it!

Our Trade Secrets team is made up of the top strategic thinkers in the country with extensive capabilities in dealing with all aspects of trade secret identification, classification, protection, and valuation. And we’ve got global experience protecting trade secrets through preventive efforts and litigation.

Who we work with

  • Individual entrepreneurs
  • Early, mid, and advanced stage organizations
  • Life Sciences, software, and other high-tech companies
  • Manufacturers from a wide variety of industries
  • Consumer products companies

Representative engagements

  • Trial counsel for a defendant in a trade secret misappropriation lawsuit involving the alleged misappropriation of trade secrets relating to emergency airstrip lighting systems.
  • Trial counsel for defendants in a trade secret misappropriation lawsuit involving acoustic echo cancellation technology.
  • Trial counsel for a beverage can company in a trade secret misappropriation lawsuit involving ultrasonic technology for sealing beverage cans.
  • Trial counsel for the manufacturer of plastic films, nonwovens, and laminates for personal care, packaging, and specialty markets in a trade secret misappropriation case involving proprietary elastic films and laminate technologies.
  • Trial counsel for an international company involving proprietary technology relating to zinc extraction technologies.
  • Counsel for medical device manufacturer in action to enjoin former employee group’s use of stolen trade secrets, including customer lists and business plans.
  • Counsel for medical device manufacturer to prevent the marketing of competing products and to recover damages based on theft of trade secrets, including source code used in key product and based on theft of ideas and research developed for new products, including patentable claims.
  • Special counsel for a major company in an economic espionage investigation.
  • Counsel for a restaurant chain in a lawsuit involving the alleged misappropriation of recipes and knowhow by former employees.
  • Counsel for a precision cutting tools manufacturer in a trade secret misappropriation lawsuit involving proprietary manufacturing equipment and manufacturing processes.
  • Counsel for staffing firm on trade secret matter involving the firm’s customer list.
  • Counsel for entrepreneurs accused by former employers for basing the new enterprises on trade secrets from their previous firms.
  • Advisor for many companies on trade secret asset management programs—trade secret audits, policies, and other protective measures.
  • Counsel to an international oil and gas trading firm. We defended a claim for theft of trade secrets and employee raiding.
  • Counsel to a technology company as a plaintiff in a major employee raiding case involving a single facility and the use of customer lists by a major competitor.
  • Counsel to a major insurance brokerage where a former employee had taken the electronically stored database of customer information.
  • Counsel to semiconductor equipment manufacturer in action to prevent former employee’s use of trade secrets, including customer information and business opportunities, to lure business, and to recover for theft of trade secrets, including technical formulae for design and production of products. The case also involved defense of cross-claims by former employee for defamation (arising from alleged publication of facts of employee’s trade secret theft), interference with prospective business advantage, and breach of contract and application of statutory privilege to such claims.

Media Clips

  • Keep Your Company's Trade Secrets from Walking Out Your Door
    Rochester Business Journal | November 21, 2014
    Rochester M&A and Corporate Transactions partner Jeff LaBarge and Rochester Commercial Litigation associate Terence Robinson collaborated on this column discussing 10 practical ideas to safeguard trade secrets.
  • Trade Secrets Spats Center on Cloud
    The Recorder | September 20, 2013
    San Francisco Brands & Creations partner Rob Weikert comments on how trade secrets matters are being impacted by growing use of online data storage.

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Trade Secrets