Trade Secrets

Whether protecting a company’s trade secrets or acting to rebuff claims of misappropriation, trade secrets disputes can be daunting.  Different rules apply in different jurisdictions, and mission-critical issues often cross traditional boundaries of employment, intellectual property, tort, contract and even criminal law.  As an overlay to an already complex situation, trade secrets disputes also frequently require an understanding of complex computer, software and data security technology.  Finding a law firm qualified and experienced enough to tackle such complex matters capably and efficiently can be as daunting as the dispute itself.

O’Melveny is just such a firm.  We approach trade secrets matters with a unique, cross-disciplinary, approach that spans employment, intellectual property, white-collar criminal law and other legal disciplines.  Drawing on the Firm’s vast resources in virtually every area of law, and every jurisdiction — including skilled lawyers with advanced technical degrees — we field legal teams customized to the needs of each matter.  In the litigation arena, our defeat of two motions for preliminary injunction and subsequent strategic litigation led to the successful settlement of trade secret and copyright claims against our client Analogix Semiconductor.  And our work for the famous model-train company, Lionel LLC, includes overturning on appeal a US$40.8 million trade secret verdict.

But our trade secrets experience extends well beyond these (and many other) courtroom victories.  We approach our work in this area from a holistic perspective and always with an eye toward trade secret protection and preventing litigation.  We educate employers about what trade secrets are and are not, provide comprehensive training on best practices for protecting confidential proprietary information as companies deal with arriving and departing employees, and provide counsel and advice on restrictive covenants and non-disclosure agreements.  We review, draft and help clients audit and update confidential trade secrets, noncompetition and nonsolicitation policies, procedures and agreements, all of which have become increasingly important in the context of today’s mobile workforce.  We have particular experience in drafting and revising comprehensive policies and procedures that comply with the unique laws of a number of states, including California, New York, New Jersey, Texas, Florida, Massachusetts, Illinois and Washington.  Our lawyers also have extensive experience assisting and advising on mergers, acquisitions and the formation of business entities with regards to negotiating and drafting post-employment restrictive covenants in noncompetition, nonsolicitation, nondisclosure and stock option agreements.

Key Facts