At O’Melveny, we understand that your know-how and trade secrets are both valuable, and vulnerable. A mobile workforce, competitive talent markets, movement of data across borders, and the ability to share information in an instant all create a risky environment. That’s why we take a holistic approach to trade secret law that bridges intellectual property, labor and employment, white-collar criminal law, antitrust, and other legal disciplines.
When your trade secrets are stolen—or your company is accused of pocketing trade secret information—you need a trusted ally that knows how to enforce and defend trade secret claims in court, and one that can also investigate leaks, evaluate and reduce risk as employees arrive and depart, and anticipate, prevent, and resolve issues before they turn into litigation. Our cross-disciplinary team fits the bill.
Drawing on our vast resources in virtually every area of law and every jurisdiction—including lawyers with advanced technical degrees—we field legal teams customized to the needs of each matter. We are versed in the varying jurisdictional rules, multiple intersecting areas of law, and quickly changing technologies. We are experienced in both civil trade secret litigation and criminal matters, and the interrelations between the two. And our lawyers are published authorities on unfair competition, restrictive covenants, and trade secret misappropriation law and policy, including one litigator who was asked to testify before Congress on the subject and two who wrote the book on trade secret law and strategy (now in its third edition).
Together with skilled transactional lawyers, we also unearth trade secret hazards that may lay hidden in strategic M&A, investment, partnership and joint venture transactions. This includes spotting potential pitfalls involving restrictive covenants, including non-competition, non-solicitation, and non-disclosure agreements.
Obtained a permanent injunction against a former employee who took more than 2,000 of the company’s documents, including orders to forensically remediate the misappropriation and to forbid the employee from disclosing the company’s trade secrets.
Achieved a settlement for a leading provider of home healthcare management services in a suit against a former executive—a case believed to be the first trade secrets litigation involving the fiercely competitive home healthcare management market.
Represented an executive search firm in its cooperation with federal prosecutors pursuing criminal charges against a former senior executive for misappropriation of trade secrets. We helped the company respond to government requests, oppose overly broad subpoena requests, and ensure that the company’s trade secret and confidential, proprietary information remain protected during a two-week criminal trial, which resulted in a jury verdict finding the former executive guilty of six felony counts.
Defended one of China's largest biosimilar drug companies in a bet-the-company trade secrets case and related criminal investigation; defeated preliminary injunction motion, ensuring that the company could continue to operate.
Defeated a motion for preliminary injunction on behalf of Oasis West Realty, Inc., the developer of the Beverly Hills Waldorf Hotel, and its CEO, Beny Alagem, in a trade secrets case involving players in the Beverly Hills luxury hotel space.
Secured multiple major victories as lead counsel for Par Pharmaceutical in trade secrets litigation involving Vasostrict® — the “crown jewel” of Par’s pharmaceutical portfolio.
Achieved a jury victory for Semtech subsidiary Triune Systems in trade secret litigation in Texas state court. Triune was the plaintiff in the complicated case, which covered more than 70 asserted trade secrets.
Defeated an application for a temporary restraining order and secured other successes for Zum, an emerging-growth student transportation company described as “Uber for Kids,” in trade secret litigation brought by school bus giant First Student, Inc.
“Start-ups and world-leading companies alike turn to O’Melveny & Myers LLP for the depth of its expertise in trade secrets law and litigious proceedings.”
—The Legal 500 US
“[T]he team enjoys a stellar reputation in the market on account of its cross-departmental approach and deep bench of partner talent, who regularly appear before the state and federal courts in highly technical cases.”
—The Legal 500 US
O’Melveny demonstrates “particular strength” in disputes involving noncompete agreements and trade secrets, with sources praising its “deep bench of experts” and “really fantastic trial lawyers.”