- Chambers USA honored Fenwick as a leading firm in California for intellectual property and IP litigation (2021)
- The American Lawyer named Fenwick one of just four finalists for Litigation Department of the Year (2020)
- The U.S. News – Best Lawyers® Best Law Firms guide recognized Fenwick with first-tier national rankings for IP litigation (2020)
Trade secret cases are a core component of our IP litigation practice, largely due to the frequent movement of senior-level technology industry employees, and because of issues that arise as a result of NDA’s and partnership relationships. We provide counsel to trade secret owners who need to protect their secrets, and we help companies develop protocols to avoid misappropriating others’ secrets and defend against claims of trade secret misappropriation.
- Trade secret cases erupt quickly. We are adept at moving rapidly on early injunction hearings that often resolve these cases.
- We assemble strong teams of lawyers who quickly handle investigations and build cases due to their deep understanding of our clients' technology and competitive environments.
- Our lawyers have litigated a host of civil and criminal cases involving trade secrets, unfair competition, inevitable misappropriation, industrial espionage and employee raiding, both on behalf of plaintiffs and defendants.
Representative successes include:
- Secured significant settlement on behalf of SuccessFactors, after competitor deceitfully obtained confidential information posing as a potential client. Case ultimately settled on highly favorable terms, including (a) large monetary payment well in excess of fees and costs, (b) permanent injunction and (c) competitor-issued press release admitting liability.
- Won major summary judgment in New Jersey state court for Virgin Mobile against allegations of misuse of trade secrets of a supplier, resulting in rejection of all 43 claims of trade secret theft, based on lack of novelty of ideas, lack of use by Virgin Mobile or prior public disclosure of supposedly secret information.
- Obtained TRO, preliminary injunction, writ of possession and ultimately terminating sanctions based on destruction of evidence, against defalcating chief technology officer; obtained and collected non-dischargeable judgment; worked with criminal authorities to facilitate federal prosecution, conviction and prison sentence against defendant.
Trade Secret Counseling and Litigation Avoidance
Working with inventors, start-up companies and creators of new technologies, we help our clients put into place structures and practices designed to minimize the risk of trade secrets claims being asserted against them, and to maximize their abilities to defend against such claims.
- Work with trade secrets owners to identify their trade secrets and then set up and maintain comprehensive trade secret protection programs
- Advise clients on avoiding issues with the trade secrets rights of others when developing new products or when hiring from competitors
- Develop and negotiate confidentiality agreements with employees, partners, suppliers and customers
- Create physical security measures to protect valuable trade secrets
“They are in full command of the legal materials, they take the time to learn the complex facts of a case and they are master tacticians when it comes to civil procedure and litigation.”