Trade Secret Litigation & Dispute Counseling

As a technology-focused firm, Cooley understands how critical trade secrets are to the viability and success of our clients. That is why our Trade Secret Litigation and Dispute Counseling team works closely with our clients on a daily basis to help define, protect and enforce their trade secrets. Drawing on decades of work helping technology companies develop, define and protect their technology and trade secrets, our attorneys are experts at assessing risks, counseling clients, working with law enforcement in criminal trade secret matters, and using the courts to pursue and defend civil claims related to trade secret misappropriation, breaches of fiduciary duty and related matters. They are equal parts experienced counselors (helping clients create and implement intellectual property audits, methods and procedures to protect their valuable assets), and battle-tested trial lawyers who are skilled in obtaining and defending temporary restraining orders and injunctions that seek to enjoin the use of misappropriated trade secrets and corporate opportunities.

Our expertise also includes counseling and defending against trade secret theft claims (and related claims including claims for breach of noncompetition agreements) arising from the hiring of employees from competitors. We regularly conduct internal investigations for clients in response to misappropriation allegations, navigating complex employment and technology problems. We have a deep understanding of the business issues that frequently drive these disputes as well as the nuances behind them, and we pride ourselves on our ability to craft creative legal and business strategies to resolve these matters to our client's advantage.

Mergers and acquisitions are another area where our trade secret experience proves useful to clients. We regularly advise and conduct risk-analysis diligence on merger and acquisition deals where proprietary rights and trade secret claims are alleged or may exist.    

Just as important as our experience and expertise is our understanding that companies would rather avoid losing their trade secrets and avoid the resulting litigation in the first place. That's why we counsel clients on ways to prevent threats to their trade secrets, including confidentiality, nondisclosure, invention assignment and proprietary rights agreements for employees and independent contractors, and deploying internal security measure to guard against theft.

From counseling and risk assessment to alternative dispute resolution and litigation, we have the deep talent, skills and experience necessary for a successful outcome.

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