Trade Secrets, Restrictive Covenants, and Computer Abuse

Recent News:

The public takes aim at "un-American" noncompetes

Michael Schmidt spoke with Axios about the Federal Trade Commission's proposed rule banning employers from using noncompete agreements.


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.



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.

Events & Seminars

Past Events

Exploring the Contours of What is a Trade Secret

December 09, 2022 - Miami, FL

Trade Secrets and Restrictive Covenants

October 11, 2022 - Las Vegas, NV

To patent or to keep secret

May 24, 2022 - New York, NY

What’s Trending in Labor and Employment Law

May 23, 2019 - Pittsburgh, PA

In The News

The public takes aim at "un-American" noncompetes

January 20, 2023

Michael Schmidt spoke with Axios about the Federal Trade Commission's proposed rule banning employers from using noncompete agreements.

‘I hate this rule’: the FTC's controversial non-competes ban

January 17, 2023

Jim Gale spoke with World Intellectual Property Review to discuss the Federal Trade Commission's proposed rule banning noncompete agreements and its impact on trade secrets.

What the proposed ban on noncompete clauses means for you

January 11, 2023

Michael Schmidt was quoted in Automobil News discussing the FTC's proposed ban on noncompete clauses.

Noncompete Ban Tees Up 1st Test Of FTC's Rule Powers

January 05, 2023

Michael Schmidt was quoted in Law360 discussing the Federal Trade Commission's new proposal to ban all noncompete agreements employers impose on their workers.

'So Many More People Calling Themselves IP Lawyers,' Creating Challenge for Attorneys in This Practice Area

July 19, 2021

In an interview with the Daily Business Review, Jim Gale discussed what keeps him awake about his practice, what attracted him to intellectual property law, how trade secret business held steady through the pandemic, if the COVID-19 outbreak resulted in an increase in trade secret litigation, and what he sees as a threat.

New Fla. Trade Secrets Law Seen As Too Easy To Abuse

June 11, 2021

James Gale was quoted in Law360 discussing how attorneys fear a new Florida trade secrets law that aims to target China and other foreign agents looking to steal intellectual property casts too wide a net and could catch employees in run-of-the-mill trade secrets disputes.

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.


James A. Gale

Co-Chair, Intellectual Property Litigation

(305) 358-1991

Craig Schloss


(619) 685-1772


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