Trade Secret Misappropriation and Employee Mobility

The firm has an extensive practice representing both plaintiffs and defendants in trade secret and employee mobility cases. The firm’s advocacy in Application Group, Inc. v. Hunter Group, Inc., 61 Cal. App. 4th 881 (1998), played a major role in shaping the law of employee mobility in California. We represent companies seeking to protect their trade secrets, departing employees accused of failing to comply with confidentiality obligations, and new employers who must defend claims of trade secret misappropriation. As in other areas, our practice in this field involves a significant counseling element.

Representative Matters include:

  • Representing the two founders of an immuno-oncology start-up, which was acquired by a major pharmaceutical company, in a trade secret misappropriation case in Delaware Superior Court in which the plaintiff is seeking $2.5 billion in damages.
  • Represented a co-founder defendant in a federal court patent infringement and trade secret misappropriation case initiated by an alleged business partner. The case was dismissed by plaintiff following our client’s successful motion for summary judgment on the trade secret misappropriation claim.
  • Represented a mobile gaming designer and several of its engineers in litigation in Santa Clara Superior Court brought by a large technology company for alleged misappropriation of trade secrets. Case successfully settled.
  • Application Group, Inc. v. Hunter Group, Inc., 61 Cal. App. 4th 881 (1998). Represented defendant opposing enforcement of a Maryland noncompete agreement. Defendant’s victory in the trial court and on appeal established critical elements of California’s law of employee mobility.
  • Represented Fortune 50 technology company and senior technologist in federal court litigation with senior technologist’s former employer, also a Fortune 50 technology company. Case resolved on terms favorable to client.

We invite you to learn more about our firm, our practice areas, and our team.