Arent Fox is recognized by Chambers USA as a Band 1 firm in the Intellectual Property: Trademark, Copyright & Trade Secrets category. We recognize that trade secrets are often a company’s most valuable asset, and we stay on top of the challenges that new technologies and increased employee mobility and globalization present. We represent clients across the nation in asserting or defending claims of trade secret misappropriation and unfair competition in federal and state courts, and before public agencies. The firm has notable experience on the best practices for identifying valuable trade secrets, and for designing, implementing, and maintaining trade secret policies and protections under the Uniform Trade Secrets Act and related state laws.
Our Trade Secret group incorporates a multi-disciplinary approach drawing upon the strengths of our Complex Litigation, Intellectual Property, Labor & Employment, White Collar & Investigations, Government Relations, and Privacy practices. We understand the critical nature of these claims and act quickly to ensure the best outcomes for our clients. We also understand the sensitivities involved in trade secret claims involving employees, and regularly counsel employers on the best ways to prevent theft and ensuing litigation.
Our attorneys have extensive knowledge and experience litigating claims involving computer, software, and data security technologies and have technical backgrounds and advanced degrees in areas such as the intrusion of corporate and government computer networks, and the theft of intellectual property, including the theft of corporate trade secrets, criminal copyright, trademark, and violations of the Digital Millennium Copyright Act.
The following are a select list of representative matters in this area:
- Defended a South Korean company in trade secrets litigation in the Eastern District of Virginia involving the alleged theft of dozens of trade secrets related to the manufacturing process for para-aramid fibers. The case, which also involved claims of civil and statutory conspiracy as well as antitrust counterclaims, was tried to a jury over eight weeks during the summer of 2011, making it one of the longest civil trials on record in that district.
- Defending a South Korean company in criminal prosecution under the Economic Espionage Act in the Eastern District of Virginia, involving the alleged theft of trade secrets related to the manufacturing process for para-aramid fibers.
- Defended a company in trade secrets litigation alleging the misappropriation of hundreds of trade secrets related to business intelligence software. Secured the exclusion of plaintiff’s damages expert and theories on pretrial motions, and obtained a defense verdict on all but three of the alleged trade secret claims.
- Defended a company in state court litigation involving the alleged misappropriation of customer lists and other alleged trade secrets related to casualty insurance business. After a multi-day bench trial, received a defense verdict on plaintiff’s misappropriation claims.
- Defended a start-up company in a month-long jury trial in state court over alleged misappropriation of trade secrets and unfair business practices arising from the expert witness industry. The case settled on favorable terms, below statutory offer, following jury verdict.
- Defended a start-up clean room parts manufacturer against allegations that the company’s competing designs were made using the plaintiffs’ trade secrets. Following extensive discovery, the case was dismissed.
- Defended a computer communications hardware manufacturer in a case involving misappropriation of trade secrets and trespass to the plaintiffs computer systems. After initial litigation, a confidential business resolution was obtained.