Notable Representations, Key Contacts
- Holistic, Cross-Disciplinary Approach. Our use of integrated teams across the Complex Commercial Litigation, Employment Litigation, 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.
Alliant Insurance Services
Elite Model Management
Hudson’s Bay Company
Intrepid Solutions and Services
Liquidating Trust for Excite@Home
Marsh & McLennan
Specialized Technology Resources
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.
John P. Barry
- +1 (212) 310-8150
Gary D. Friedman
- +1 (212) 310-8963
Paul R. Genender
- +1 214 746 7877
- +1 650 802 3083
See list of lawyers globally
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, Latest Thinking, Firm News & Announcements
Awards and Recognition
- Weil Named a “Leading Firm” for Trade Secrets Award Brief — Legal 500 US 2019
Goodbye Non-Competes? The FTC’s Proposed Rule
John P. Barry and
Jeffrey H. Perry
February 16, 2023 — Weil’s Employment Litigation Practice Group Head John P. Barry and U.S. Antitrust/Competition Practice Co-Head Jeffrey Perry participated in a panel presentation entitled “Goodbye Non-Competes? The FTC’s Proposed Rule,” which was sponsored by The Conference Board’s ESG Center. During this presentation, they discussed the U.S. Federal Trade Commission’s Non-Compete Clause Rule, its practical impact on companies, the prospects for, and potential challenges to, the rule, and what companies should do to prepare in the event it is implemented.
FTC Proposes to Eliminate Almost All Non-Competes
Mark A. Perry,
John P. Barry,
Eric S. Hochstadt and
January 30, 2023 — Weil partners Mark A. Perry, John Barry, Eric Hochstadt, and Regina Readling presented a cross-disciplinary Weil webinar entitled “FTC Proposes to Eliminate Almost All Non-Competes,” during which they assessed the FTC’s proposed rule and provided practical takeaways for employers.
- Employment Law Trends Assessment: 2023 Edition Alert — Employer Update — By Weil’s Employment Litigation Practice Group — PDF — March 2023
- Non-Competes No More? Publication — Daily Journal — By Eric S. Hochstadt, Mark A. Perry, John P. Barry, Jeffrey H. Perry and Artem Khrapko — PDF — January 26, 2023
- Jury Awards $2B Verdict in Virginia Trade Secrets Suit Alert — Trade Secrets Newsletter — By Bambo Obaro and Amy Le — PDF — May 2022
- Commentary on Protecting Trade Secrets in Litigation About Them Publication — The Sedona Conference Working Group on Trade Secrets (WG12) — By John P. Barry — PDF — March 2022
- Litigation Trends 2022 Publication — By Weil’s Litigation Department — Spring 2022
Firm News & Announcements
- Weil's 2022 Litigation Trends Report Firm Announcement — April 06, 2022
- Weil Earns 2022 “Litigation Department of the Year” Honorable Mention from The American Lawyer Firm Announcement — December 15, 2021