Trade Secrets Litigation

Latham trade secrets litigators both pursue emergency and expedited proceedings to help clients protect their critical trade secrets and defend against claims of misappropriation.

We draw on a deep understanding of technology and extensive trial experience in litigating trade secret disputes on both sides of the “v.” Latham trade secrets litigators both swiftly pursue emergency and expedited proceedings to help clients protect their critical trade secrets, and we quickly and proactively defend against claims of misappropriation. We skillfully litigate trade secret cases through adjudication in all forums – including state and federal courts, arbitration centers, as well as before the International Trade Commission – and through all stages, including appeal, when necessary.

When trade secret theft occurs, we deliver a rapid and muscular legal response to mitigate damage, recoup losses, and signal the client’s intent to safeguard it’s valuable intellectual property from future attacks. Prior to litigation, we expertly assist clients in gathering critical technical evidence as well as strategically address internal breaches of protocols by current, former, or departing employees. We regularly secure emergency remedies such as temporary restraining orders and preliminary injunctions. We frequently represent clients in theft matters and have obtained sizeable judgments, seizures, and emergency remedies to preclude further use and disclosure of trade secrets.

When clients face allegations of trade secret misappropriation, we aggressively mount a proactive defense that attacks overly broad definitions of trade secrets and focuses attention on the critical issues of whether alleged trade secrets are really secret, and whether those claiming misappropriation adequately safeguarded information. We draw from experience to develop critical defenses such as independent development, and importantly, to present such themes as central and compelling narratives in trade secret litigations, which are often rife with exaggerated accusations.

Perhaps just as importantly, we provide comprehensive experience-based counseling regarding all aspects of trade secret misappropriation, from prevention through litigation. We are exceptionally well-positioned — because of our litigation experience — to help clients develop comprehensive programs addressing employees, vendors, and processes to lock down trade secrets, manage risks, and avoid facing trade secret claims in the first instance.