Trade Secret Litigation
Intellectual Property and Technology | Trade SecretsWe prosecute and defend trade secret misappropriation claims under the Defend Trade Secrets Act and state laws, seeking injunctions and damages.
Overview
Protecting Confidential Information Through Litigation
When trade secret misappropriation occurs, litigation provides remedies to stop the harm and recover damages. Our Trade Secret Litigation practice represents clients in disputes under the federal Defend Trade Secrets Act and state trade secret laws.
DTSA Claims
The Defend Trade Secrets Act provides federal jurisdiction for trade secret claims. We pursue DTSA claims in federal court, leveraging uniform national standards and powerful remedies. DTSA provides injunctive relief, damages including exemplary damages for willful misappropriation, and attorneys' fees in exceptional cases.
State Law Claims
State trade secret laws, typically based on the Uniform Trade Secrets Act, provide additional or alternative remedies. We coordinate state and federal claims for maximum protection. We understand variations among state laws affecting strategy and remedies.
Emergency Relief
Trade secret cases often require immediate action. Ongoing misappropriation causes continuing harm that may be irreparable. We pursue temporary restraining orders and preliminary injunctions to halt misappropriation pending full adjudication. We present compelling evidence supporting urgent relief.
Employee Departure Cases
Many trade secret disputes involve departing employees taking confidential information to competitors. We handle disputes involving improper solicitation of customers or employees, use of confidential information at new employers, and breach of confidentiality agreements. We pursue claims against both former employees and their new employers.
Defense Representation
We defend against trade secret claims when clients are accused of misappropriation. We challenge whether information qualifies as trade secrets, contest allegations of misappropriation, and develop defenses including independent development and reverse engineering.
Damages
Trade secret damages can be substantial. We work with economists to prove actual losses, unjust enrichment, and reasonable royalty damages. We pursue exemplary damages for willful and malicious misappropriation.
Our Services
trade_secrets
Federal registration and validity opinions
litigation
Federal registration and validity opinions
intellectual_property_litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
That information qualifies as a trade secret, was misappropriated through improper means or breach of duty, and caused damages. Each element must be proven.
Actual loss, defendant's unjust enrichment, reasonable royalty, exemplary damages up to 2x for willful misappropriation, and potentially attorneys' fees.
Yes, injunctive relief is a primary remedy. Courts can enjoin actual or threatened misappropriation. Preliminary injunctions provide early relief.
DTSA provides for extraordinary ex parte seizure in limited circumstances where necessary to prevent dissemination. This remedy is rarely granted due to strict requirements.
Protective orders restrict access to confidential information. Courts routinely enter protective orders in trade secret cases. We structure protection appropriately.
Non-compete violations and trade secret claims often arise together. We coordinate both types of claims for comprehensive relief.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
