Find Lawyers in America for Trade Secrets Law
Practice Area Overview
Trade secrets include, but are not limited to, formulas, developmental processes, product designs, customer lists, and marketing data. A trade secret (1) derives economic value, actual or potential, because it is not generally known and cannot be readily ascertained by proper means by persons who can obtain economic value from its disclosure or use and (2) is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. While patents can protect an invention for a certain period of time, trade secrets can last as long as they are protected.
Trade secrets are the frequent target of appropriation by improper means, such as theft, bribery, misrepresentation, espionage, or breach or inducement of a breach of duty to maintain secrecy.
Attorneys provide both counseling on the identification and protection of proprietary information and litigation services in instances of alleged misappropriation of proprietary information.
Counseling
Attorneys assist in the development and implementation of trade secret protection plans. These invariably include the use of non-disclosure agreements signed by company executives and employees. Strong plans also rely on written policies that help employees identify and protect a company’s trade secrets, demonstrate management’s commitment to that objective, and provide notice to third parties that certain information is claimed as trade secrets. Plan implementation is especially important as courts emphasize strong, genuine efforts over boilerplate forms and unenforced policy statements.
Litigation
Trade secret and unfair competition claims are prosecuted and defended in various courtrooms and arbitration forums throughout the United States and internationally. A thorough understanding of proprietary information, including manufacturing methods, algorithms, process equipment, and software is essential to the development and execution of a litigation strategy that successfully advances client objectives.
While trade secret law has developed from state common law, regulation is now standard and addresses both civil and criminal liability. The Uniform Trade Secrets Act (UTSA) codified and harmonized standards and remedies for commercial claims. Forty-seven states and the District of Columbia have adopted its framework. On the other hand, the federal Economic Espionage Act of 1996 criminalized the theft of trade secrets related to national security and for commercial purposes.
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State
Mike Allen dedicates his practice to protecting clients’ rights and assets, including their contract rights, intellectual property rights, shareholder rights, and estate rights. His rare blend of experience in negotiating, contracting, counseling, and litigation helps him provide meaningful insight to clients at all stages of their business relationships. Mike’s goal is to protect client interests without the need for litigation, but with more than 35 years of dispute resolution e...
Ian Ballon is an intellectual property and Internet litigator who represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and Internet disputes and in the defense of data privacy, behavioral advertising and other Internet-related class action suits. Mr. Ballon, who splits his time between the firm's Silicon Valley and LA offices, is the author of the four-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2...
Mr. Beavers' practice focuses on counseling corporate clients regarding the protection and management of their intellectual property assets, especially patents and trademarks, both in the United States and internationally. Mr. Beavers has 30 years experience in the practice of intellectual property law. He served as General Counsel to Gibson Guitar Corp. from 1995 to 1997. He has filed and prosecuted over one thousand patents in the mechanical arts. Mr. Beavers' current practice is heavily fo...
Russell Beck is a business, trade secrets, and employee mobility litigator, nationally recognized for his trade secrets and noncompete experience. He was invited to the Obama White House to develop guidelines for the proper use of noncompetes and has been cited as an expert on trade secrets and noncompetes by The New York Times, The Wall Street Journal, the White House, the Treasury Department, National Public Radio, PBS, the BBC World News Service, Le Monde, and many others. Russell has over...
With more than 25 years of Intellectual Property experience, Joel actively tries cases in both state and federal courts. A founding member and former co-chair of the firm's Intellectual Property and Technology Service Group, he manages all aspects of infringement litigation for both federal and state courts, including trial and appellate practice. He has also prepared and prosecuted trademark and copyright applications, prosecuted and defended trademark opposition and cancellation proceedings...
For over 35 years, Spiro has earned a reputation as an aggressive, trial and appellate patent and intellectual property litigator. He has successfully resolved cases involving hundreds of millions of dollars and is known for seeking the most efficient and cost effective path to either an amicable settlement or a win on the merits.
Steve Bernstein is managing partner of the firm's Tampa office. He also serves as a Chair of the firm’s Associate Development and Retention Committee. Steve maintains a traditional labor practice in which he represents employers throughout the United States in both state and federal courts, as well as before the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and other state and federal agencies. In the proce...
Erika C. Birg focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract disputes, trade secrets, computer fraud and non-compete matters.
Frank Caprio chairs the Firm’s Intellectual Property Practice Group. He focuses on intellectual property law and assists clients in the protection and use of their intellectual property rights, and in the litigation of various technology-related disputes involving patent, trademark, copyright, trade secret, and computer issues. He has been selected by his peers for inclusion in the Best Lawyers in America in both Intellectual Property Law and Information Technology Law. He is a retired ...
Ken Carlson is a senior litigator who has successfully defended companies in virtually every aspect of employment law. He also has a strong practice in drafting employment contracts, independent contractor agreements, and noncompetition agreements, combined with a significant amount of work involving trade secret and noncompetition law. In addition to his litigation practice, Ken regularly advises employers on how to avoid problems before they occur, and helps companies protect their intellec...
Neel Chatterjee is a partner in Goodwin’s Intellectual Property practice and serves on the firm’s Executive Committee. An internationally recognized technology litigator and trial lawyer, Mr. Chatterjee has a proven track record of wins in hard-to-win technology cases. Mr. Chatterjee has a passion for representing entrepreneurs and disruptive technology companies, even at their earliest stages. His cases often break new ground in undefined areas of the law. Clients frequently turn...
Robert Clark has extensive experience in complex litigation, representing local and national companies with respect to securities, class actions, trade secrets, antitrust, corporate governance, intellectual property, shareholder derivative actions, etc. He has extensive experience representing clients in state and federal courts including trials, arbitrations, appeals, and settlements. Mr. Clark has served as President of the Utah Chapter of the Federal Bar Association. He received a Bachelor...
Ron Coleman is an accomplished trial lawyer who thrives in big, complex cases. Throughout his 30-year career, Ron has helped his clients successfully resolve all manner of legal disputes, whether via negotiation, motion practice, alternative dispute resolution, trial, or appeal. Whether representing a plaintiff or defendant, his creative, sophisticated approach to resolving disputes is designed to help his clients reach the best possible outcomes consistent with their business goals. Ron repr...
Jim Collura has a nationwide energy and construction litigation practice in which he has handled hundreds of millions of dollars in claims. His experience includes trials in state and federal courts across the country. Jim has represented plaintiffs and defendants in state and federal court in Arkansas, Colorado, Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, Oklahoma, Ohio and his home state of Texas. This experience includes complex litigation with an emphasis on matters ...
Art DeBaugh focuses his practice on trademarks , marketing/advertising/promotions issues, copyrights, trade dress, trade secrets, and business and corporate matters. As a North Carolina State Bar certified specialist in trademark law, Art has more than 25 years of experience protecting clients' intellectual property . Prior to joining Bell, Davis & Pitt in 2013, Art served as a partner in two law firms in the Research Triangle area. Prior to that, Art was chief counsel – intellectua...
Jeff Dyess is a litigation partner with over two decades of experience representing both plaintiffs and defendants in the areas of intellectual property, competitive practice, trade secret and complex commercial disputes. Jeff’s approach to litigation focuses on the partnership between the client and counsel. He believes that effective representation of the client – representation that achieves both short-term success in the immediate litigation as well as servicing the client&rsq...
Susan Foster, a partner in the firm's Litigation practice, focuses her practice on antitrust and trade regulation counseling and litigation as well as intellectual property, advertising and other complex business and financial litigation. In her counseling practice Susan assists clients with a full range of antitrust and marketing issues including distribution counseling, advertising and promotion issues, strategic alliances and Hart-Scott-Rodino premerger notification matters. Her clients en...
James A. Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent attorney with over 33 years of experience and Martindale AV Preeminent© rated, Board Certified in Intellectual Property by the Florida Bar, an AAA Arbitrator and the former inaugural chair of the IP Board Certification Committee. Jim has represented clients in hundreds of cases involving patents, trademarks, copyrights, unfair competition, covenants not to compete,...
Ken advises clients in all areas of intellectual property law with an emphasis in patent matters, and infringement and validity evaluations in chemical, pharmaceutical, biotechnological and medical device arts. With a focus on intellectual property prosecution, counseling, licensing and litigation-related issues, Ken’s extensive experience includes matters involving worldwide portfolio management, diligence in licensing and acquisition, US interferences, US reissues, US reexaminations a...
Jeff Golub has significant trial experience representing plaintiffs and defendants in complex litigation matters. A lifelong Houstonian, Jeff comes from a family of business owners, and he focuses his practice on helping business owners and companies resolve disputes successfully and efficiently. He has achieved favorable outcomes for clients in courts not only in Texas, but throughout the country. His litigation skill has been recognized by his peers, including as one of the Best Lawyers in ...
Mark is a partner at FisherBroyles, LLP. He is an accomplished trial lawyer who focuses his practice on intellectual property litigation in the United States and abroad. Mark is recoginzed worldwide as a leading practitioner in the development of automated trade secret asset management blockchain systems. Mark is co-author of Trade Secret Asset Management 2018: A Guide to Information Asset Management including RICO and Blockchain. Mark has taught Advanced Trade Secrets Law in the LLM program ...
Herb Hammond represents clients in intellectual property matters. He focuses his practice on litigation, licensing, and counseling in patent, trademark, copyright, trade secret, computer, and entertainment matters. Herb also acts as an arbitrator, mediator, and expert witness in intellectual property and high-tech cases. Herb is the author of the Texas Intellectual Property Handbook (2d ed), a treatise published by Juris Publishing, Inc., covering trade secrets, trademarks, copyrights, unfair...
Lesli D. Harris focuses her practice primarily on intellectual property, sports and entertainment law, and emerging companies. She has also successfully handled class action defense and general business litigation. Prior to joining the firm, Ms. Harris was a partner at Stone Pigman Walther Wittman in New Orleans, Louisiana, and was formerly Chief of Staff and Executive Counsel to the President at Loyola University. Ms. Harris received her LL.M in Trade Regulation, with a concentration in Inte...
Michael Hartmann is active in all phases of intellectual property law with an emphasis in intellectual property litigation and technology protection and transfer in the United States and internationally. He has acted as lead trial counsel in jury and bench trials, International Trade Commission investigations, and related pre-trial and appellate proceedings in diverse technical fields. These include software, telecommunications, machine vision and semiconductor manufacturing, oil field drilli...
A veteran intellectual property lawyer, Tom concentrates his practice on the strategic development and management of IP portfolios with special emphasis on providing business-focused legal advice. Tom assists clients in evaluating IP coverage, protecting core IP assets, handling Hatch-Waxman cases, domestic and international patent prosecution, and preparing infringement, non-infringement, freedom to operate, and validity opinions. Tom`s clients include major pharmaceutical, health science an...
With a reputation for having an in-depth understanding of his client’s businesses and their technologies, Darrick Hooker is a counselor and a litigator who routinely advises clients on a variety of intellectual property issues, with a focus on patents. He also helps protect clients’ trade secrets, trademarks, and copyrights and has a thriving commercial litigation and entertainment law practice. Darrick strives to help his clients identify and manage their global IP assets. He is ...
John Hueston has been described by Chambers USA, which ranked him in Band 1 nationally, as “the best trial lawyer of his generation” with “a commanding reputation for trial advocacy.” He has been recognized twice as a “California Lawyer of the Year” by California Lawyer magazine, twice as “California Trial Lawyer of the Year” by Benchmark Litigation, and among the “Top Lawyers of the Decade” by the Daily Journal. Mr. Hueston won &ldq...
Marc J. Kessler is an experienced trial lawyer who is widely regarded as one of the nation’s preeminent business litigators. He has extensive experience with large scale, “bet-the-company” matters and is widely recognized for his ability to handle the most complex and critical litigation issues . Marc’s expertise includes complex commercial transactions, procurement, healthcare, trade secrets and non-competition, product liability, business torts, real estate, intellec...
John is a founder of SouthBank Legal and his practice focuses on complex commercial litigation, white-collar criminal defense, and serving as a mediator to help litigants resolve commercial disputes without incurring the time, expense, and uncertainty of modern litigation. He is a key member of the firm’s commercial litigation team ranked in Chambers in 2023. In more than 30 years of practice, John has represented individuals and companies in state and federal courts around the country ...
Bill practices in substantially all areas of intellectual property law, with an emphasis on patent litigation in the electronics, oilfield equipment, the internet, and computer-related fields. In particular Bill has successfully represented computer manufacturers, computer component manufacturers, mobile phone handset manufacturers, software developers, original equipment manufacturers, value-added resellers, and financial institutions in patent litigation in the district courts and arbitrati...
Frank G. Long advises clients and represents them in court in matters related to trademarks, trade dress, false advertising, copyright, cybersquatting and trade secrets. His clients include, and have included, Fortune 500 corporations and small businesses, as well as national and international companies, and franchise systems. Frank assists clients with the development, administration and strategies for the protection of intellectual property rights, especially trademarks. He has a wide range...
Intellectual property litigator, counselor and problem-solver Dwight Lueck delivers solutions that best achieve his client’s objectives — whether by diplomatic negotiation, favorable settlement, trying the case in court or before the Trial and Appeal Board, or by taking proactive measures to avoid a dispute altogether. Dwight litigates intellectual property disputes involving trademarks, trade dress, domain names, copyrights and intellectual property licenses. The subject matter o...
Dan focuses primarily in litigation and licensing, as well as IP portfolio evaluation and clearance. As a patent and trademark attorney, Dan helps clients protect their ideas and market share in the U.S. and internationally. He has represented clients in a variety of matters, including those involving industrial, medical, surgical and pharmaceutical technologies, automotive and trucking devices, wireless phone technology, computerized systems, website content, industrial chemicals, and packag...
A trusted adviser and passionate advocate, John Maley is skilled in advocating before trial and appellate judges, juries and mediators who rely upon his assessment of the case at hand. Whether on attack or defense, John’s understanding of diverse industries and the sophisticated legal issues that permeate complex disputes is at the core of his success as a litigator and trial attorney. John regularly represents publicly traded and private companies in regional and national litigation, t...
Andrew Manitsky litigates in state and federal courts in Vermont and New York. He represents clients at the trial and appellate level in a wide variety of complex civil disputes, including matters involving breach of contract, business torts, non-competition agreements, employment, professional malpractice, personal injury, antitrust, scientific misconduct, and technology (including the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act). Andrew is also the Chair of th...
Elizabeth Robben Murray heads the firm’s Labor and Employment Practice Group and serves on the firm’s Management Committee. Her litigation experience is extensive and includes matters such as product liability, natural gas litigation, discrimination law suits, covenants not to compete, commercial contracts and trade secrets misappropriation. Betsy also represents clients in matters regarding legislation, initiated acts and constitutional amendments. Prior to joining the firm, Bets...
Intellectual Property Law, Computer Science Professional Recognition: Listed in Best Lawyers (1997-2018), Intellectual Property Law Ethics in Business Award (2009) NM Bar Quality of Life Award Selected Work Experience: Wilcox & Myers, P.C. , Albuquerque, New Mexico Shareholder , 2018-present Peacock Myers, P.C. , Albuquerque, New Mexico Shareholder , 1995-2017 Shareholder and Registered Patent Attorney specializing in patent, trademark, copyright, licensing, and litigation matters, partic...
David Nagle is a Registered Patent Attorney who has been with the Intellectual Property & Technology Service Group since its inception. He holds an advanced engineering degree, and his technical knowledge consistently allows him to better understand his clients' business needs and processes. David has extensive experience prosecuting domestic and foreign patent applications covering a wide range of subject matter, including consumer goods, mechanical devices, software and business methods...
Mr. Newton is a partner in the Intellectual Property Litigation Group whose practice maintains a particular emphasis on complex patent infringement litigation and counseling. Many of the matters for which Mr. Newton has been responsible involve multiple parties and multiple jurisdictions, often within multiple countries. For example, he has represented clients in federal courts in California, Colorado, Delaware, Illinois, New York, North Carolina, Oregon, Texas, Virginia and Wisconsin and has...
Shane Nichols is a partner in Alston & Bird’s Intellectual Property Litigation Group and primarily represents his clients in high-risk patent infringement and trade secret litigation. Licensed to practice in both Texas and Georgia, Mr. Nichols has represented clients in federal and state courts in the U.S., the U.S. International Trade Commission, as well as several international courts around the world. Mr. Nichols is registered to practice as a patent attorney before the U.S. Pate...
Jim focuses his practice on competition law—resolving disputes between and managing the relationships among competitors and businesses at different levels of the distribution chain. This includes litigating and counseling clients with respect to distribution, antitrust, intellectual property, franchising and licensing matters. Jim has extensive experience in litigating business disputes in the alcoholic beverages, motor vehicle and telecommunications industries, as well as disputes invo...
Dr. Seth Ogden focuses his practice on patent litigation and the protection of clients’ trade secrets. He has extensive experience in the pharmaceutical, medical device, biotechnology, and chemical technology industries. His scientific background and years of experience in the laboratory give him a unique insight when working with clients in these industries. Seth litigates intellectual property cases throughout the country, in inter partes review proceedings before the U.S. Patent Tria...
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