Trade Secrets and Confidential Information

When it comes to protecting, investigating and litigating confidential information disputes across industries and around the world, Arnold & Porter is the name to know. Our Trade Secrets team covers the technology, medical device, automotive, telecommunications, and consumer products industries, successfully handling high-stakes trade secret misappropriation enforcement and defense cases in federal and state courts, the ITC and international proceedings. These cases—often fast-moving and involving motions for temporary restraining orders, expedited discoveries and preliminary injunctions—demand our legal know-how, technological fluency and integrated problem-solving approach. Innovative and adept at working with forensic experts and complex data and digital evidence, we provide thorough pre-litigation investigation that often helps our clients avoid the expense of litigation altogether or drive cases to favorable resolution before trial.

Trade Secret Protection: We identify complicated trade secret issues and build offensive and defensive strategies that yield a strong track record of wins at the preliminary injunction stage, ITC proceedings and trials.

Proactive Programs: Our unique experience helps clients establish and improve trade secret protection programs and lawful competitive intelligence-gathering through technological safeguards and labor and employment policies.

Collaborative Approach: We leverage our in-house cybersecurity, employment, internal investigations, IP, and complex litigation expertise to build cases for trade secret enforcement and develop solid defenses.

Experience Highlights

  • Automotive supplier in trade secret, copyright, DMCA, and state claims regarding automotive electric body control modules and aftermarket braking systems, including defense of preliminary injunction.
  • Heraeus in prosecuting multiple actions for trade secret misappropriation centered on key formulas involved in its bone cement technology in US district courts and before the ITC, where we successfully obtained a final decision for trade secret misappropriation.
  • Charter in a multibillion dollar UTSA case alleging theft of VoIP technology and financial models.
  • Medical device manufacturer in successfully defending against trade secret misappropriation and intentional interference with contract claims brought by multinational medical device company; obtained complete defense verdict of zero damages following six-week jury trial in California Superior Court.
  • Fortune 100 company in an investigation and prosecution arising out of a theft of the company's trade secrets, as well as assisting in working with the US Attorney's Office and FBI in connection with their investigation of the individual responsible for the theft.
  • Lutron Electronics in litigations in multiple US district courts and before the ITC over claims that various defendants misappropriated trade secrets and infringed its patents, copyrights and trademarks.
  • Multilevel marketing firm in litigating claims against promotional consultant in breach of contract and anti-SLAPP dispute, and against distributors in unfair competition and trade secret litigation involving sales networks.
  • Nike in a trade secrets matter involving AI-based digital commerce technology.
  • Power tool manufacturer in a trade secret, correction of inventorship of patent and breach of contract case related to power tool accessories, packaging and measuring devices.
  • American subsidiary of large, international semiconductor company in defense of trade secret claims; achieved dismissal and award of attorneys' fees.
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