Practice

Trade Secrets Litigation

Our clients trust us to represent them in a wide range of trade secret matters, from identification of and counseling on the protection of their trade secrets to complex, high-stakes litigation. Chambers 2025 (Intellectual Property) reports that our team "has a superb level of technical knowledge and understanding and provides strategic thinking and a practical approach." 
 

We work closely with businesses of all sizes, from startups to multinational corporations, providing tailored legal strategies to safeguard their trade secrets, protect those trade secrets through litigation, defend against misappropriation claims, and develop strategies to minimize the risk of trade secret disputes. We also conduct due diligence on trade secret protection in mergers and acquisitions.

Our experienced litigators handle trade secret disputes that arise in many different contexts, including failed business negotiations, dissolved collaborations, movement of key employees from one competitor to another, and the mishandling of valuable confidential information by a business partner. We are positioned to quickly and strategically assist clients in expedited court proceedings, including temporary restraining orders and preliminary injunctions, in any jurisdiction nationwide. We understand the intersection of state trade secret law, the federal Defend Trade Secrets Act, unfair trade practice law, and employment law. We master the critical technology at issue in trade secret disputes to build strong claims and defenses, and persuasively present our case to the judge and jury. 

We also work closely with clients to identify and classify their trade secrets, assist in the development of comprehensive protection and cybersecurity plans, and strategically build and safeguard intellectual property portfolios. We assist clients in the negotiating and drafting of licensing agreements, and review and draft contracts to protect trade secrets in various business relationships, such as joint ventures, collaborations, and supplier agreements. We offer tailored programs and workshops focused on best practices, risk mitigation, and the legal consequences of trade secret misappropriation, empowering your team to contribute to a secure business environment. We also assist clients in establishing internal policies and procedures to maintain secrecy of trade secrets, including employee agreements, non-disclosure agreements (NDAs), and confidentiality clauses.

Experience

REPRESENTATIVE WORK FOR CLIENTS

  • Achieved complete victory for Alexion Pharmaceuticals in a District of Massachusetts case arising from failed negotiations over a potential business relationship to develop C3 complement therapeutics.  Won summary judgment on Amyndas Pharmaceuticals’ trade secrets, unfair competition and related claims after which Amyndas dismissed with prejudice its sole remaining claim for breach of contract. 
  • Representing Geneoscopy in assertion of trade secret counterclaim to patent infringement and false advertising claims brought by Exact Sciences in the District of Delaware accusing Geneoscopy's RNA-based test for colorectal cancer of infringing patents directed to fecal sample processing. 
  • Representing Neology, a manufacturer of tolling and traffic management technologies, in a Southern District of California lawsuit against a former employee and his new company, alleging misappropriation of trade secrets.
  • Defended major U.S. defense contractor in Eastern District of Virginia action alleging misappropriation of a trade secret relating to a firearm part. The plaintiff agreed to dismiss the case early in discovery.  
  • Represented a Boston-area life sciences consulting firm in federal district court related to trade secret, unfair competition, and tortious interference claims. Obtained a multi-million-dollar jury verdict and bench trial award, plus a multi-million dollar attorney fee award, on behalf of the client, later affirmed on appeal. 
  • Won dismissal on forum non conveniens grounds of a Northern District of Illinois complaint against the former CTO of one of the world’s largest building products manufacturers alleging trade secret theft and breach of a Swiss non-competition agreement. The employee was alleged to have misappropriated the trade secrets in Switzerland and taken them to a new employer in the United States. 
  • Represented Krystal Biotech in litigation brought by PeriphaGen in the Western District of Pennsylvania alleging misappropriation of trade secrets and acts of "unfair competition" in connection with Krystal's vector development. PeriphaGen also sought to add two of its employees as inventors to several of Krystal's U.S. patents directed to methods of treating skin disorders by delivering certain genes using replication-defective HSV-1 vectors. Obtained favorable settlement for client. 
  • Represented University of Massachusetts in a Massachusetts state court dispute alleging that UMass patents and patent applications involving siRNA technology contained the proprietary information of a clinical stage biopharmaceutical company. Obtained Consent Judgment confirming UMass' ownership rights in the patent filings. 
  • Defended French telecommunications company Orange in a federal jury trial in San Francisco. A unanimous jury cleared the company of a $60 million trade secret misappropriation claim as well as hacking claims.