Trade Secret Litigation and Dispute Counseling
Why Cooley
Cooley knows how essential trade secrets and confidential information are to our clients’ success. Drawing on decades of work helping technology companies develop, define, protect, and defend their technology and trade secrets, our lawyers adeptly assess risks, counsel clients, and strategically use the courts to pursue and defend civil claims related to trade secret misappropriation, breaches of fiduciary duty, and related matters. We’re experienced advisers who help clients create and implement IP programs to protect their valuable assets – and we’re battle-tested trial lawyers skilled in obtaining and defending temporary restraining orders, ex parte seizure orders, and injunctions regarding misappropriated trade secrets and corporate opportunities.
Our experience also includes counseling and defending against trade secret theft claims (and related claims, including for breach of noncompetition agreements and unfair competition) arising from the hiring of employees from competitors. We regularly conduct internal investigations for clients in response to misappropriation allegations, navigating complex issues of due diligence, employment and technology. We have a deep understanding of the business issues that frequently drive such disputes, as well as the nuances behind them, and we pride ourselves on our ability to craft creative legal and business strategies to resolve these matters to our clients’ advantage.
Areas of Practice
Strategic Counseling
- Developing strategic patent and trade secret protection programs to protect and enhance our clients' market share
- Advising on the development and implementation of employee onboarding and departure processes to avoid trade secret claims or potential loss of proprietary information
- Preparing confidentiality, nondisclosure, noncompete and nonsolicitation agreements, as well as employment and independent contractor agreements
- Performing due diligence reviews in connection with mergers, acquisitions and expansion of operations, including risk-analysis diligence on deals implicating proprietary rights and trade secret claims
- Conducting internal investigations for clients in response to trade secret misappropriation and whistleblower allegations
- Coordinating with our privacy and data protection lawyers to develop, update, and audit security plans and policies
Litigation
- Pursuing and defending civil claims related to trade secret misappropriation, breaches of fiduciary duty, breaches of noncompetition agreements, unfair competition, tortious interference, and related matters
- Obtaining and defending temporary restraining orders, ex parte seizure orders, and other injunctions covering the use of misappropriated trade secrets and corporate opportunities
- Working with law enforcement in criminal trade secret matters