Trade Secret Litigation and Dispute Counseling

Why Cooley

We know how essential trade secrets and confidential information are to our clients’ success. Drawing on decades of work helping technology and life sciences companies develop, define, protect and defend their trade secrets and other intellectual property, Cooley lawyers adeptly assess risks, counsel clients, and strategically use the courts to pursue and defend civil claims for trade secret misappropriation, intentional interference with contractual relations, breach of fiduciary duty and related matters. We 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.

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

Litigation

• Pursue and defend civil claims for trade secret misappropriation, breach of fiduciary duty, breach of noncompetition agreements, unfair competition, tortious interference and related matters
• Obtain and defend against temporary restraining orders, ex parte seizure orders and injunctions covering the use of misappropriated trade secrets and corporate opportunities
• Work with law enforcement in criminal trade secret matters

Investigations

• Conduct internal investigations for clients in response to allegations or suspicion of trade secret misappropriation and whistleblower allegations

Strategic counseling

• Develop strategic patent and trade secret protection programs to protect and enhance our clients’ market share
• Advise on the development and implementation of employee onboarding and departure processes to avoid trade secret claims or potential loss of proprietary information
• Prepare confidentiality, nondisclosure, noncompete and nonsolicitation agreements, as well as employment and independent contractor agreements
• Perform 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
• Coordinate with our privacy and data protection lawyers to develop, update and audit security plans and policies