Trade Secrets

Complete Range of Trade Secrets Protection and Litigation Capabilities

Our interdisciplinary team of intellectual property, employment, and litigation attorneys delivers exceptional counsel and representation on all of the issues related to protecting and litigating trade secrets. Mintz attorneys have extensive trade secret experience before the U.S. International Trade Commission, U.S. district court, and state courts. Our attorneys litigate trade secret claims involving misappropriation, unfair competition, breach of contract, and non-compete agreements. And we have the technical capabilities and industry experience to litigate the complex scientific and technology issues that are often at the core of trade secret disputes.

Awards

IAM Strategy 300

Two attorneys recognized among "The World's Leading IP Strategists" (2017 - 2020)

Chambers USA

Intellectual Property Practice ranked in Massachusetts (2019)

IAM Patent 1000

Multiple patent litigators recognized (2015 ‒ 2020)

Our Experience

100+

Employment and Intellectual Property litigators

Our Approach

Trade secrets operate at the intersection of intellectual property law, employment and contract law. Most trade secret litigation begins with the departure of a valued employee to a competitor or misuse of information shared under a non-disclosure agreement. From that point on, however, trade secret litigation becomes a complex form of intellectual property litigation.

The successful prosecution and defense of trade secret cases therefore requires a unique and interdisciplinary legal skill set. The Mintz team handles everything from risk avoidance and pre-employment counseling, to the proactive identification, definition and protection of a company’s valuable trade secrets, to the preparation of temporary restraining orders and — when necessary — representation in court, from preliminary injunction proceedings through trial and appeal.

Our attorneys have successfully dealt with many trade secrets challenges, resolving most outside the courtroom. But we have also been very successful when we’ve had to go to trial. We've litigated numerous highly technical patent and trade secret cases, and have the demonstrated ability to understand complex technology while developing and presenting arguments that are both clear and accessible to judges and jurors.

Trade Secret Identification and Protection

Trade secrets are often a company’s most valuable intellectual property. Hard-earned know-how, gleaned from years of trial and error on the assembly line, can be priceless. Specifications and tolerances can be extremely valuable trade secret information. Similarly, customer lists and details can reflect years of accumulated learning. It is critical that companies systematically protect this critical information and take affirmative steps to prevent it from departing with former employees.

The protection of proprietary trade secret information, however, requires very different internal controls, compliance practices, and processes than patent protection. Information that cannot be protected by the patent laws often can be enforced as a trade secret. But whether a court will enforce your trade secret will turn on the nature and quality of your internal controls. Mintz has the expertise and experience to help you identify, define and protect your most valuable trade secrets.

International Trade Commission Litigation

The U.S. International Trade Commission has become one of the world’s leading fora for trade secret litigation. The agency’s rapid and powerful remedies, and extraterritorial reach, have allowed U.S. complainants to pursue trade secret misappropriation overseas. For example, Mintz counsel represented LG Chem in recent ITC trade secret litigation brought against SKI International for the misappropriation of technology relating to EV battery manufacturing technology. LG Chem won a default judgement and ITC exclusion orders directed to SKI’s imported supply chain of components and raw materials used in making batteries – and a $1.8 billion settlement.

Joint Development Agreements Gone Wrong

Large corporations seek to strengthen their positions in the market by continually enhancing their products with cutting-edge innovations. To identify the best of the best means investing in or partnering with numerous innovator companies. Agreements to collaborate in this manner take a number of forms, and carry with them same risk – no matter the result of the collaboration, the smaller party to the deal has shared its trade secrets. Mintz has developed a focus on representing the interests of these innovators when the larger party is thought to have unfairly used those trade secrets. We have earned a reputation for being very successful representing the interests of innovators against some of the largest implementers in the world.

Areas of Focus

Litigate under the Federal Defend Trade Secrets Act and Section 337 of the Tariff Act.
Prosecute, defend, and try cases in state and federal courts and the USITC.
Enforce trade secret protections under global collaboration agreements
Identify and protect of trade secrets
Counsel clients on unfair competition protections
Develop and train on internal policies
Work with insurers on IP and employment-related coverage issues

Deep Bench of Technical Talent

Biotechnology
Chemistry
Communications systems
Computer science
Engineering
EV battery technology
Image processing
Industrial assembly
Pharmaceuticals
Semiconductors
Telecommunications

Trial Experience Across the Country

U.S. International Trade Commission
Eastern District of Texas
Western District of Texas
Southern District of California
Northern District of California
Central District of California
District of Massachusetts
Eastern District of New York
Southern District of New York
Others

Meet Mintz

Our interdisciplinary team of intellectual property, employment, and litigation attorneys delivers exceptional counsel and representation on issues related to protecting your intellectual capital.