Knobbe/Martens: Intellectual Property Law

Trade Secret and Employment Mobility Litigation

Trade secrets are frequently considered a company’s most important intellectual property, yet they are more difficult than ever to protect. Knobbe Martens helps clients navigate litigation claims related to all aspects of trade secrets and employee mobility. Our experience includes the resolution of disputes and complex claims involving misappropriation under Federal and state law, the Computer Fraud and Abuse Act, data breaches, tortious interference and unfair competition, as well as employee fiduciary duties, loyalty and poaching.

Swift and decisive action is required when trade secrets are at stake. Once the trade secret is disclosed, the company’s competitive advantage may be compromised. Our attorneys work quickly and efficiently to investigate and develop a strategy that mitigates risk to our client. We negotiate resolutions with adverse parties and, where necessary, litigate as plaintiffs or defendants. We also advise on breach of proprietary information and inventions assignment agreements, joint development agreements, non-disclosure agreements, post-employment non-solicitation and other noninterference covenants, and confidentiality and non-compete agreements.  Other exemplary pre-litigation areas we advise on include workforce training, development of employee guidelines, and development of best practices for trade secret identification and maintenance.

Our firm represents both owners of trade secrets and those accused of misappropriating the trade secrets of others. While our victories and favorable outcomes across the country may be best demonstrated by successful jury verdicts, we often secure positive results at earlier phases of the litigation process through temporary restraining orders, preliminary injunctions and summary judgment decisions, as well as in the negotiation of favorable settlements.

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