Cozen O’Connor: Trade Secrets & Unfair Competition

Trade Secrets & Unfair Competition

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.  

 

SERVICE AREAS

  • 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

Experience

Publications

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 [Law.com]

January 09, 2009

Avoiding Danger to Business Secrets in a Bad Economy - Law.com - 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

Antitrust Litigator Joins Commercial Litigation Department

April 05, 2018

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

Contacts

Camille M. Miller

Co-Chair, Intellectual Property Department

cmiller@cozen.com

(215) 665-7273

People

Related Practice Areas

Upcoming Event:

Trade Secrets: Key Considerations to Avoid Pitfalls

11/21/2019

James Gale will be presenting a webinar on the landscape of trade secret law.

Event Details