Trade Secret and Restrictive Covenant Litigation
Trade Secret and Restrictive Covenant Litigation
By providing guidance on trade secret protection and implementing gatekeeper policies and protective measures, we help our clients protect their assets.

Trade secrets are often a company’s most valuable asset, and the impact of stolen information can weaken a company’s bottom line.  Trade secret theft can result in loss of competitive advantage, reduced returns and profitability, and devaluation of goodwill.  New technologies and increased employee mobility in today’s global economy present mounting challenges to protect confidential information that can be critical to a business’s success.  Our Trade Secrets practice group assists clients in protecting their valuable information and we also work aggressively to defend our clients against related allegations.  Our practice comprises an interdisciplinary team that draws upon the strengths of our Litigation, Intellectual Property, Labor and Employment, and Privacy and Information Security practices.  We have decades of experience providing guidance on trade secret protection, implementing gatekeeper policies and protective measures, and handling trade secret disputes for a diverse set of clients.

We represent clients in state and federal courts throughout the country in a wide range of disputes concerning confidential information.  Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.

Restrictive Covenants

We provide companies with advice on trade secrets and the restrictive covenants contained in various types of agreements, including employment contracts.  Our attorneys have worked with a wide array of industries to help organizations protect proprietary information, trade secrets and overall competitive interests.  When disputes arise, we represent clients with injunctions and trials in federal and state courts and also help obtain temporary restraining orders to ensure that confidential information is not disclosed and remains protected.  We also regularly advise corporations and individuals on the enforceability of noncompetition and non-solicitation agreements, as well as counseling individuals on employment contract disputes and recruitment issues.

Patent Protection

Attorneys in our patent group work to assure that our clients make well-informed legal decisions about trade secret protection and patent protection.  We regularly counsel clients in a variety of technical fields on the procurement of intellectual property rights, portfolio development and licensing to ensure that our clients’ technology and business is safeguarded.

Risk Mitigation

We also regularly counsel employers to avoid litigation and to mitigate the risk of trade secret theft by assisting in the design and implementation of effective information security programs and policies, auditing the company’s portfolio to identify vulnerabilities, and drafting appropriate employee restrictive covenant agreements.  Our team has a successful track record in obtaining emergency remedies on behalf of clients to solve these problems efficiently and effectively while minimizing business disruption.

 
 

Overview

By providing guidance on trade secret protection and implementing gatekeeper policies and protective measures, we help our clients protect their assets.

Trade secrets are often a company’s most valuable asset, and the impact of stolen information can weaken a company’s bottom line.  Trade secret theft can result in loss of competitive advantage, reduced returns and profitability, and devaluation of goodwill.  New technologies and increased employee mobility in today’s global economy present mounting challenges to protect confidential information that can be critical to a business’s success.  Our Trade Secrets practice group assists clients in protecting their valuable information and we also work aggressively to defend our clients against related allegations.  Our practice comprises an interdisciplinary team that draws upon the strengths of our Litigation, Intellectual Property, Labor and Employment, and Privacy and Information Security practices.  We have decades of experience providing guidance on trade secret protection, implementing gatekeeper policies and protective measures, and handling trade secret disputes for a diverse set of clients.

We represent clients in state and federal courts throughout the country in a wide range of disputes concerning confidential information.  Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.

Restrictive Covenants

We provide companies with advice on trade secrets and the restrictive covenants contained in various types of agreements, including employment contracts.  Our attorneys have worked with a wide array of industries to help organizations protect proprietary information, trade secrets and overall competitive interests.  When disputes arise, we represent clients with injunctions and trials in federal and state courts and also help obtain temporary restraining orders to ensure that confidential information is not disclosed and remains protected.  We also regularly advise corporations and individuals on the enforceability of noncompetition and non-solicitation agreements, as well as counseling individuals on employment contract disputes and recruitment issues.

Patent Protection

Attorneys in our patent group work to assure that our clients make well-informed legal decisions about trade secret protection and patent protection.  We regularly counsel clients in a variety of technical fields on the procurement of intellectual property rights, portfolio development and licensing to ensure that our clients’ technology and business is safeguarded.

Risk Mitigation

We also regularly counsel employers to avoid litigation and to mitigate the risk of trade secret theft by assisting in the design and implementation of effective information security programs and policies, auditing the company’s portfolio to identify vulnerabilities, and drafting appropriate employee restrictive covenant agreements.  Our team has a successful track record in obtaining emergency remedies on behalf of clients to solve these problems efficiently and effectively while minimizing business disruption.

Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including contract disputes, unfair competition, theft of trade secrets, false advertising, real estate disputes, l...
Partner
Email (212) 808-7965(212) 808-7965
Rob Steiner is the managing partner of Kelley Drye’s New York office. A proven litigator and trial attorney with two decades of experience in complex business litigation, Rob has handle...
Partner
Email (973) 503-5920(973) 503-5920
Joseph Boyle focuses his practice on class actions and commercial litigation.  His experience includes various areas of consumer class action litigation and litigation involving telecommunica...
Partner
Email (310) 712-6125(310) 712-6125
Lee Brenner serves as chair of the firm’s nationwide Media and Entertainment practice group.  Lee is dedicated to getting the result his clients want, and focuses on creativity when it ...
Partner
Email (973) 503-5922(973) 503-5922
A formidable litigator, compelling advocate and dynamic negotiator, Jeff Castello has represented a number of large corporations in complex food, beverage and consumer product false advertising an...
Partner
Email (310) 712-6130(310) 712-6130
Miles Cooley serves as counsel to entertainment and media companies, major celebrities and high-profile individuals.  He negotiates and documents their deals, protects their assets at every t...
Partner
Email (212) 808-7534(212) 808-7534
Jon Cooperman is an experienced trial attorney. His practice focuses on all aspects of civil litigation, including commercial litigation and contract disputes; environmental law claims pertai...
Partner
Email (310) 712-6170(310) 712-6170
David Fink is an experienced and proven litigator at both the trial and appellate court levels.  With more than two decades of experience in multifaceted state and federal litigation and dispu...
Partner
Email (310) 712-6140(310) 712-6140
Michael Gallion is a partner in Kelley Drye’s Labor and Employment practice group, based in the firm’s Los Angeles office. For over two decades, Michael has focused exclusively on ...
Partner
Email (212) 808-7628(212) 808-7628
Barbara Hoey is chair of Kelley Drye’s Labor and Employment practice group, and a member of the firm’s executive committee.  In her third decade of practice, Barbara’s exper...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ranges from counseling to defending clients in FTC and state attorney...
Partner
Email (202) 342-8864(202) 342-8864
In his fourth decade of practice, Ira Kasdan is focused on complex civil litigation and alternative dispute resolution. He has successfully argued, and won, high-stakes litigation in federal ...
Partner
Email (212) 808-7959(212) 808-7959
Mark Konkel is committed to protecting and maximizing the interests of employers of all sizes, from the major multinational to the startup.  Whether Mark is helping his clients with seasoned,...
Partner
Email (312) 857-7238(312) 857-7238
Randy Lehner guides his clients through the process of identifying and defending claims of misrepresentation, mismanagement and/or fraud. He conducts internal investigations that determine re...
Partner
Email (312) 857-7084(312) 857-7084
Givonna St. Clair Long focuses her practice on complex business litigation, labor and employment litigation, commercial and consumer litigation, class action defense and regulatory investigations....
Partner
Email (312) 857-2623(312) 857-2623
Matthew Luzadder focuses his practice on white-collar crime and internal investigations, commercial litigation and labor and employment law matters. Matt’s clients include national and ...
Partner
Email (212) 808-5082(212) 808-5082
Michael Lynch is chair of the firm’s Litigation practice.  Michael has extensive trial experience, both from his days as a prosecutor in New York City under the legendary Robert Morgent...
Partner
Email (212) 808-7586(212) 808-7586
Damon Suden is an experienced and talented litigator and trial attorney.  His practice includes commercial and complex civil litigation and class action defense in both state and federal court...
Partner
Email (310) 712-6185(310) 712-6185
Kate Visosky’s practice focuses on labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients. Kate represents her c...
Partner
Email (212) 808-7530(212) 808-7530
John Ward has more than three decades of experience litigating intellectual property cases, including complex, high-technology patent cases, at both the trial and appellate levels.  He has ov...
Partner
Email (973) 503-5964 (973) 503-5964
Michael Zinna’s practice comprises all aspects of intellectual property, with a focus on patent matters and including complex patent litigation, patent licensing, due diligence, patent clear...
Special Counsel
Email (212) 808-5137(212) 808-5137
Marty Krolewski is special counsel in the firm’s New York office. His practice focuses on civil litigation, including complex commercial, business, bankruptcy, securities, employment, anti-t...
Special Counsel
Email (973) 503-5924(973) 503-5924
Vincent Rao is special counsel in the firm’s Parsippany office.  His practice focuses on commercial litigation, consumer-oriented class action defense, intellectual property protection ...
Special Counsel
Email (202) 342-8504(202) 342-8504
Joe Wilson is involved in business litigation in federal and state courts, before government agencies, and in arbitrations and mediations.  Joe’s experience includes representing compani...
Associate
Email (212) 808-7908(212) 808-7908
Allison Gottlieb is an associate in the firm’s New York office and a member of the Labor and Employment practice group. Allison advises businesses on a wide range of labor and employmen...
Associate
Email
Ryan Steinman is an associate in the firm’s New York office. His practice focuses on litigation. Prior to joining Kelley Drye, Ryan was an associate at an international law firm, where ...

Publications

December 2016 | Books
Business and Commercial Litigation in Federal Courts (4th Ed. 2016)
05/13/2016 | Client Advisories
Kelley Drye Client Advisory
05/04/2016 | Client Advisories
Kelley Drye Client Advisory