Trade Secret Litigation
Our attorneys have substantial experience helping clients protect their sensitive business information and novel, market-disrupting innovations.
When we determine that certain information is best protected under trade secret law, we create systems and procedures to ensure that sensitive business information remains legally protected as a trade secret and that it is guarded against loss or theft.
We regularly help our clients:
- Identify, map, and develop their trade secrets
- Assess whether proprietary information should be protected under patent, trade secret, or other IP law
- Counsel on best practices for maintaining the value and secrecy of trade secrets
- Design and implement information security plans, procedures, and policies (including a comprehensive cybersecurity plan) to protect trade secrets from misappropriation and loss
- Strategically manage, license, and realize the value of their IP portfolio
We help our clients enforce their trade secret rights and defend them in high-stakes litigation.
Our long-standing position as the #1 patent litigation firm in the United States serves our clients well in high-stakes trade secret litigation, whether in federal or state court. Fish’s seasoned trial attorneys distill our clients’ complicated scientific, technical, and financially sensitive trade secrets into compelling stories that persuade juries.
We have an extensive track record and the requisite experience to help our clients:
- Conduct internal investigations—including the use of digital forensics—to determine, confirm, or defend against suspected trade secret loss or theft
- Obtain temporary restraining orders and other preliminary injunctive relief—such as civil seizure under the DTSA—to stop actual or threatened misappropriation of trade secrets
- Litigate trade secret disputes arising from licensing agreements, joint ventures or co-development arrangements, economic espionage, and employment relationships
- Respond to and defend against high-stakes allegations of trade secret misappropriation, whether it be in federal or state court
- Handle state and federal appeals—including before the Federal Circuit and the U.S. Supreme Court
- Obtain speedy relief before the International Trade Commission (ITC) by using trade secret misappropriation as a basis for seeking a ban on importation of goods into the U.S.
- Defend against criminal investigations and charges of violations of the Economic Espionage Act and the Computer Fraud and Abuse Act
Trade secret litigation often involves daunting discovery, parallel proceedings, complex technologies, and deft use of experts. Fish is up to the task.
Known as the premier patent and high-stakes complex litigation practice in the nation, Fish’s unparalleled depth and breadth of technical experience, proven trial skills, and strong industry knowledge also give us an edge in trade secret litigation. Combine this with our unique ability to make the complex understandable, and Fish is changing the trade secret litigation playbook.
Our collaborative relationships with our clients give us a 360° view into their business and IP needs, and we approach enforcement and litigation with those needs in mind. We understand the complex interplay between patent and trade secrets rights, we have a wealth of subject matter knowledge to draw from, and we are ready to represent and defend our clients through trial and appeals. Our dominant practice in the ITC gives our clients another avenue through which to swiftly defend their trade secret rights.
Selected experience in confidential trade secrets investigations:
- Conducted an internal investigation for a Fortune 100 company regarding allegations of possible violations of the Economic Espionage Act and Computer Fraud and Abuse Act. The investigation concerned competitive business plans, marketing and pricing information, and sales training materials; The events occurred domestically and in several foreign countries.
- Conducted an internal investigation for a leading biotech company regarding allegations that a company scientist had misappropriated biological materials from a former employer and was using the materials to conduct ongoing research in possible violation of the Economic Espionage Act.
- Successfully represented a corporate executive of a leading medical device company in an investigation conducted by the U.S. Attorney’s Office for the District of Massachusetts regarding alleged violations of the Economic Espionage Act pertaining to events occurring in several European countries.
Working with us.
The disclosure of trade secrets may seriously compromise a company’s competitive advantage. When in litigation—either protecting our clients’ trade secrets or defending a client from allegations of trade secret theft—Fish’s experienced litigation teams are adept at managing large, sophisticated cases.