Trade Secrets
Notable Representations, Key Contacts
- Holistic, Cross-Disciplinary Approach. Our use of integrated teams across the Complex Commercial Litigation, Employment, Patent Litigation, Intellectual Property and IP Transactions practices allows us to provide seamless trade secrets counseling, handling issues from employment law to high technology. When a trade secrets dispute arises, steps need to be taken in hours and days, not weeks or months, and getting the right team and right strategy in place quickly is often the difference between winning and losing. We have a proven track record from the preliminary injunction stage through trial and appeal.
- Geographic Footprint. Weil partners with clients on complex trade secrets issues regardless of the nature of the transaction, venue for the litigation, or headquarters of the parties. We offer a presence in the traditional hotbeds where trade secrets and related IP and employment issues are frequently litigated, including California, New York, and Texas. We also offer these capabilities in many of our international offices. This presence allows us to efficiently handle the most complex, multi-jurisdictional disputes and navigate the often conflicting state laws governing trade secrets disputes.
- Extensive Counseling and Investigations Experience. In addition to handling high stakes trade secrets litigations in the courtroom, we also focus on conducting internal investigations and pre-litigation counseling. Taking the steps to identify and protect our clients' most valuable assets helps avoid the loss of trade secret protection. We provide pre-dispute counseling thoroughly, discretely and expeditiously, and regularly advise and train clients on issues relating to implementation of best practices and to maximize trade secret protection. With our integrated approach, we also help companies navigate the confluence of non-compete and restrictive covenants issues, contract and investment disputes, and patent or other IP issues which overlay many trade secret disputes.
- Sophisticated Understanding of Complex Technology. Clients rely on Weil’s deep bench of Intellectual Property attorneys, many with advanced science and engineering degrees, to navigate trade secret disputes involving complex, cutting-edge technology. Drawing on patent, transactional and general IP expertise across different technologies, we are able to quickly assess technological issues, understand the tensions involving trade secret protections and patent disclosures, and provide nuanced advice within the broader business context.
Selected Representations
Alliant Insurance Services
Elite Model Management
Hudson’s Bay Company
Intrepid Solutions and Services
Liquidating Trust for Excite@Home
MasterCard
Marsh & McLennan
Specialized Technology Resources
WoodSpring Hotels
Weil represented WoodSpring Hotels, an extended stay hotel company, in connection with litigation commenced in Kansas by industry competitor Extended Stay America hotels (ESA) against WoodSpring, WoodSpring’s former Vice President of Sales, and a former IT consultant of both WoodSpring and ESA. ESA brought eleven claims against the defendants, alleging misappropriation and use of ESA’s confidential information and trade secrets, which it claimed occurred with the knowledge and acquiescence of certain members of WoodSpring management.
Weil developed a strategy to immediately turn over all materials, and focused our efforts on developing a model that showed the potential impact on ESA to be far more limited than they had suggested. Weil successfully negotiated ESA’s withdrawal of its motions for expedited discovery and preliminary injunction at the outset of the case, allowing the parties to avoid costly and rigorous discovery. After a successful mediation, the parties reached a quick settlement despite the challenging and complex set of facts. A consent judgment and permanent injunction were entered by the court in July 2017.
Key Contacts
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The Weil team…is able to provide insight that only the most experienced practitioners can provide because they have done so many high-stakes cases in this area.”
Legal 500 US 2022
Clients look to Weil to protect their interests in disputes which threaten their most important product lines or growing revenue streams. The firm’s enviable squad of lawyers marry trial skill and technical dexterity in a potent blend which has scored them some notable victories.”
IAM Patent 1000 2015
Awards and Recognition, Speaking Engagements, Awards and Recognition, Latest Thinking, Speaking Engagements, Firm News & Announcements
Awards and Recognition
- Weil Named a “Leading Firm” for Trade Secrets Award Brief — Legal 500 US 2019
Speaking Engagements
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Ethical Issues in Noncompete Matters? If You Don’t Think So, You’ve Discovered the First Trap for the Unwary
Speaker(s):
John P. Barry
September 16, 2024 — New York, NY — Weil Employment Practice Group Head John P. Barry served on a panel entitled “Ethical Issues in Noncompete Matters? If You Don’t Think So, You’ve Discovered the First Trap for the Unwary,” at PLI’s Noncompetes and Restrictive Covenants 2024: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know.
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The Basics of Restrictive Covenant Litigation
Speaker(s):
Bambo Obaro
May 15, 2024 — Practising Law Institute — Complex Commercial Litigation partner Bambo Obaro participated on a panel titled “The Basics of Restrictive Covenant Litigation,” during PLI’s 2024 Fundamentals of Noncompetes conference. The panel analyzed the key issues that often arise in restrictive covenant litigation, discussed best practices for handling a case from the perspective of a plaintiff and defendant, explored forum selection and choice of law clauses, evaluated how to maximize the likelihood of successful enforcement of restrictive covenants, and discussed how a carefully crafted preliminary injunction order can protect your company and/or client’s interests, and avoid the need for protracted litigation.
Latest Thinking
- Texas District Court Sets Aside the FTC’s Non-Compete Rule Alert — By Mark A. Perry, John P. Barry, Jeffrey H. Perry, Eric S. Hochstadt and Josh Wesneski — PDF — August 27, 2024
- Washington Expands Statute Covering Noncompetition Covenants Publication — Employee Relations Law Journal — By John P. Barry and Celine Chan — PDF — June 18, 2024
- A Divided FTC Issues Final Rule on Non-Competes – Caution is Warranted Although the Rule May Not Survive Legal Challenges Alert — Weil Alert — By John P. Barry, Jeffrey H. Perry, Eric S. Hochstadt and Mark A. Perry — PDF — April 24, 2024
- Washington Expands Statute Covering Noncompetition Covenants Alert — Employer Update — By John P. Barry and Celine Chan — PDF — April 10, 2024
- Minnesota’s Non-Compete Ban Becomes Effective July 1, 2023 Alert — By John P. Barry and Rebecca Sivitz — PDF — June 28, 2023
Firm News & Announcements
- Weil's 2022 Litigation Trends Report Firm Announcement — April 06, 2022
- Weil Adds Employment Litigation Practice Head John P. Barry in New York Press Release — September 01, 2021