Trade Secret Protection & Litigation

Overview

Every business has trade secrets – information and/or technology that it has developed that gives it a competitive advantage. In fact, the vast majority of intellectual property consists of confidential information and data that are not protectable under patent, trademark, or copyright law. From technical secrets, such as complex software programs, to formulas, to non-technical trade secrets such as customer lists, price lists, and other financial information, we are ready to move, at a moment’s notice, to protect our client’s secrets or, as the case may be, to defend against claims of misappropriation. We have obtained temporary, preliminary, and permanent injunctive relief to prevent the loss of trade secrets. AGG was one of the first firms to use an ex parte seizure, not to seize goods, but to seize and thereby preserve electronic evidence. Over thirty of our litigators have experience in trade secret litigation, many of whom concentrate solely on IP litigation.

When it comes to trade secret protection, an ounce of prevention is worth at least a pound of cure. We provide clients with practical protection programs – tailored to their specific business needs, corporate structure, and corporate culture – to ensure that confidential information remains protected. We also conduct “preventative maintenance” for companies in order to avoid the possibility that secrets leave with key employees or that they are unwittingly disclosed to competitors. This includes on-site seminars and regular updates. We also take an active part in the negotiation and drafting of nondisclosure and confidentiality agreements.

AGG’s IP Handbook, available to all clients, provides simple, yet detailed suggestions for a trade secret protection program. In addition, we can help clients not only define their protected trade secrets but value them.

We can provide insight into risk management with regard to trade secrets, can assist corporate due diligence during sales and acquisitions, and have handled countless trade secret licensing arrangements.

Our familiarity with the law does not only extend to civil penalties but various criminal statutes including the Georgia Fraud Abuse Act, the Georgia Computer Systems Protection Act, and the Economic Espionage Act of 1996 and related statutes.

Experience

  • Successfully represented leading medical device company in federal court litigation involving claims for breach of an international distribution agreement, fraud, tortious interference, libel, and violations of the Lanham Act, Georgia’s Uniform Deceptive Trade Practices Act, Georgia Trade Secrets Act, and Georgia’s RICO Act. Managed numerous complex electronic discovery issues, including: collection of over 2.3 terabytes of electronic data from approximately 150 custodians; review and categorization of responsive documents by over thirty contract attorneys; and related obligations imposed by court-appointed Discovery Special Master. Secured multi-million dollar settlement for client.

  • Obtained plaintiff’s verdict on claims of misappropriation of trade secrets and breach of contract following two-week jury trial and recovered client’s property against former partner of highly specialized biotechnology company.

  • Successfully represented biomedical company in connection with a contentious, multi-million dispute arising from an exclusive distribution agreement, which included claims for breach of contract, breach of the implied duty of good faith and fair dealing, fraud, RICO, misappropriation of trade secrets, libel, tortious interference with business relations, and the Georgia deceptive trade practices act.

  • Successfully represented public company in an action to restrain a competitor company from obtaining access to proprietary software algorithms and other trade secrets and proprietary know-how via the systematic recruitment and hiring of numerous key research and development engineers. Matter resolved by consent injunction during pendency of preliminary injunction proceedings.

  • Successfully represented publicly traded biomedical company in action to restrain disclosure of trade secrets and confidential know-how possessed by technical personnel who were taking employment in research and development laboratory of a competing company. Matter resolved by consent injunction during pendency of preliminary injunction proceedings.

  • Successfully represented chemical company on charges that its president had stolen chemical formulations from his former employer to establish his business. Case settled favorably to our client after extensive discovery and motions proceedings.

  • Successfully represented a company engaged in development and marketing of real-time digital ambulatory cardiac monitoring devices and systems in an action to restrain the misappropriation of trade secret software algorithms. The matter was resolved by settlement during pendency of preliminary injunction proceedings.

  • Successfully represented a large baking company in cases involving the theft of trade secret recipes. We obtained injunctive relief against two defendants and compensation from one.

  • Successfully represented quality control engineer in a lawsuit brought by engineer’s former employer for trade secret misappropriation and violation of non-disclosure agreement.  Plaintiff accused engineer of providing electronic files containing plaintiff’s trade secret formulas and production techniques to engineer’s employer, a foreign competitor. AGG obtained a dismissal of all claims against the engineer.

  • Successfully defended former employees of a major healthcare information company in a case involving claims of unfair competition, trade secret misappropriation, computer theft and related torts. This case was resolved on terms extremely favorable to our client after two weeks of trial and after defendants’ experts had been cross-examined by Mr. Dorvee.

  • Successfully represented a multinational manufacturer in litigating and successfully resolving complex theft of technology and trade secrets litigation. Case settled favorably to our client after mediation, during which our client’s expert delivered an opinion on the electronic linkages between the client’s engineering drawings and the drawings used by defendants.

  • Successfully represented U.S. affiliate of major international electronics manufacturer in an action to restrain the misappropriation of trade secrets and confidential information concerning a system for delivering fiber-to-the-home broadband access for transmission of internet, voice telephone, TV/video, and other interactive services via the company’s proprietary technologies. The case involved disputes concerning the inventorship and derivation of the software and hardware components of a competitor’s network architecture. The litigation was resolved favorably to our client by the entry of a corrective preliminary injunction following contested hearing, and a permanent injunction obtained via subsequent negotiation and consent.

  • Successfully litigated a trade secrets misappropriation case against a large, well-known food manufacturing and distribution company after that company stole a valuable biscuit recipe used by our client to manufacture and supply the large manufacturer with frozen biscuit products. The case was settled favorably on behalf our client, who sold the recipe to the manufacturing company and maintained distribution rights for the products.

  • Successfully defended an international retailer against charges of misappropriation of trade secrets and alleged Lanham Act violations on Motion for Summary Judgment in the United States District Court for the Northern District of Georgia; Affirmed in the 11th Circuit Court of Appeals.

Client Successes

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