David J. Walton discusses the drastic changes Congress made to trade secret law with the passage of the Defend Trade Secrets Act of 2016 (the DTSA) that creates a federal civil action for trade secret theft, and we expect plenty of trade secret litigation in 2017.
Cozen O’Connor supports a diverse client base of multinational corporations, mid-size businesses, start-ups, and individuals in their efforts to protect trade secrets. Our attorneys have successfully represented both plaintiffs and defendants in multimillion-dollar trade secret and unfair competition litigation.
To prevent breaches, we prepare all types of restrictive covenants, including non-competition and non-disclosure agreements; conduct strategic due diligence on partners, competitors, and employees; write protocols to protect the proprietary and confidential nature of trade secrets; counsel on patent or copyright protection; and institute hiring policies that minimize the risk of unfair competition. In the event that trade secrets are compromised, our seasoned team of litigators advises clients on how to limit dissemination, immediately regain control of proprietary data, and hold wrongdoers to account.
Cozen O’Connor attorneys have extensive first-chair trial experience in large cases involving restrictive covenants, trade secrets, unfair competition, and duty of loyalty claims. We have won multi-million dollar verdicts on behalf of plaintiffs and achieved full exoneration and fee awards on behalf of defendants.
Our practice is designed around the fact that trade secret and unfair competition law is a blend of employment and intellectual property law. For this reason, our trade secret and unfair competition practice includes attorneys from both major disciplines who work in close coordination to provide comprehensive legal service.
Our lawyers also possess deep knowledge of the technologies used to uncover breaches of trade secrets and fair competition. Cozen O’Connor’s attorneys understand the hardware, software, and diagnostic procedures that determine whether and how a breach has occurred. This enables our lawyers to actively and effectively partner with outside forensic experts. We direct forensic investigations, assist with technical discovery, confer with expert witnesses, and marshal forensic data to map the course of a case.
Perform due diligence on partners, competitors, prospective collaborators, and employees
Review and design corporate trade secret protection programs to maintain confidential information
Train employees and executives on proper data-management protocols
Counsel clients on their IP portfolio management and security
Draft and enforce employment agreements
Review and draft restrictive covenants, including non-disclosure, non-compete, confidentiality, and non-solicitation agreements
Conduct investigations into the loss or theft of trade secrets and coordinate expert witnesses
Represent clients in major litigation involving trade secrets, breach of duty of loyalty, breach of restrictive covenants, unfair competition, and inevitable disclosures