Practices

Trade Secrets

We know trade secrets are crucial to maintaining a competitive advantage in a global marketplace. Our attorneys help clients identify their trade secrets at any stage of development and, if necessary, enforce their rights in court.

We assess risk and develop effective trade secret policies and programs that reduce the risk of misappropriation. We draft confidentiality, nondisclosure, and other agreements; write employee manuals; and structure educational and compliance programs. Our clients include Fortune 100 corporations, educational institutions, and small and startup businesses.

Our attorneys protect a variety of assets, including:

  • Formulas
  • Compounds
  • Processing methods
  • Machinery
  • Diagrams
  • Sales and marketing information, including forecasts, budgets, production costs, profit margin data, customer lists, and pipeline products

We have experience obtaining and defending against temporary restraints and injunctions in connection with all facets of trade secret use. We assist in conducting internal investigations for companies faced with allegations of misappropriation.

Experience 

  • Victaulic, the leading global producer of mechanical pipe joining and fire protection systems, retained us to file an injunction against a senior engineer who was leaving to work for a competitor in a similar position. After three months of litigation, we negotiated a settlement whereby the former employee would refrain from working in certain areas for one year and the competitor would submit to an audit to ensure nonuse and nondisclosure of our client's trade secrets.
  • One of the world's largest pharmaceutical companies retained us to bring trade secret misappropriation actions in state court against several generic pharmaceutical companies for theft of a microorganism used to make a leading antibiotic.
  • A leading developer of document management and workflow software retained us as trial counsel to prosecute claims for trade secret misappropriation and breach of a software license against a larger technology company. The case was favorably settled days before trial.
  • A leading network monitoring services company retained us to handle a trade secret matter in Utah state court involving theft by a former owner and chief scientist of software code and architecture.