Trade Secrets, Restrictive Covenants, and Computer Abuse

In this era of intense competition, increased employee mobility and electronic information, theft of trade secrets, computer abuse, and employee raiding cases are becoming ever more prevalent and increasingly difficult to prevent. Additionally, the number of new federal and state statutes relating to restrictive covenants, trade secrets, computer abuse, and theft of electronic information, and the interaction of potentially conflicting state laws, increases the complexity of these matters for companies that do business in multiple jurisdictions. Companies now face multi-dimensional problems involving the interaction of employment law, intellectual property law, computer law, cybersecurity law, insurance law, privacy law, and having to address those issues in multiple jurisdictions at both the state and federal levels — sometimes simultaneously.

Cozen O’Connor’s team of lawyers across the country are ready to assist national and multinational corporations, midsize businesses, and startups facing unfair competition matters. Our practice blends skilled attorneys from our labor and employment, intellectual property, and commercial litigation practices. Collectively, these attorneys have implemented and litigated nationwide restrictive covenants, invention assignment agreements, and confidentiality agreements. We have handled hundreds of injunction proceedings relating to theft of trade secrets, theft of computer data, restrictive covenants, and breach of employee loyalty in almost every state and court in the nation. Should a case proceed to trial, Cozen O’Connor attorneys have extensive first-chair jury-trial experience in large multi-jurisdictional cases involving restrictive covenants, theft of trade secrets, unfair competition, computer fraud and abuse, and duty of loyalty claims. We have successfully obtained and defeated emergency injunctions, won multimillion-dollar verdicts on behalf of plaintiffs, achieved full exoneration on behalf of defendants, and obtained fee awards on behalf of both, where possible.



Trade Secrets Litigation Likely to Surge in 2017 Under the DTSA [Labor & Employment Observer]

December 23, 2016

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.

The New ''New Jersey Trade Secrets Act'': What Employers, Human Resource Directors, and In-House Counsel Should Know [Labor & Employment Alert]

January 12, 2012

New Jersey has joined 46 other states in adopting a version of the Uniform Trade Secrets Act (UTSA). Signed into law by Governor Christie on January 9, 2012, the New Jersey Trade Secrets Act (the Act) became effective immediately. While the Act codifies a significant portion of the common law, it includes some important changes.

Avoiding Danger to Business Secrets in a Bad Economy []

January 09, 2009

Avoiding Danger to Business Secrets in a Bad Economy - - Bad economic times create opportunities for strong companies to poach good employees from a weakened competitor -- a signal for employers to aggressively protect trade secrets.

In The News

How To Protect Trade Secrets During The Pandemic

May 01, 2020

James Gale was quoted in Law360 discussing the risks of protecting trade secrets now that employees are working from home during the COVID-19 pandemic.

Trade Secrets: New Filings Increase

April 20, 2020

James Gale was quoted in Law 360 discussing the rise of trade secret cases in federal court since 2016.

Antitrust Litigator Joins Commercial Litigation Department

April 05, 2018

David Reichenberg has represented U.S. tech leaders, including Google, Netflix, and Twitter


James A. Gale

Co-Chair, Intellectual Property Litigation

(305) 358-1991


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