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Latham fields a team “skilled [at] handling an array of IP matters, notably patent infringement, trade secret and breach of contract disputes,” offering “particular experience in the life sciences sphere,” and “recognized for its expert representation of technology clients.”

– Chambers USA 2020

Trade Secrets Litigation

Latham trade secrets litigators both pursue emergency and expedited proceedings to help clients protect their critical trade secrets and defend against claims of misappropriation.

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We draw on a deep understanding of technology and extensive trial experience in litigating trade secret disputes on both sides of the “v.” Latham trade secrets litigators both swiftly pursue emergency and expedited proceedings to help clients protect their critical trade secrets, and we quickly and proactively defend against claims of misappropriation. We skillfully litigate trade secret cases through adjudication in all forums – including state and federal courts, arbitration centers, as well as before the International Trade Commission – and through all stages, including appeal, when necessary.

When trade secret theft occurs, we deliver a rapid and muscular legal response to mitigate damage, recoup losses, and signal the client’s intent to safeguard it’s valuable intellectual property from future attacks. Prior to litigation, we expertly assist clients in gathering critical technical evidence as well as strategically address internal breaches of protocols by current, former, or departing employees. We regularly secure emergency remedies such as temporary restraining orders and preliminary injunctions. We frequently represent clients in theft matters and have obtained sizeable judgments, seizures, and emergency remedies to preclude further use and disclosure of trade secrets.

When clients face allegations of trade secret misappropriation, we aggressively mount a proactive defense that attacks overly broad definitions of trade secrets and focuses attention on the critical issues of whether alleged trade secrets are really secret, and whether those claiming misappropriation adequately safeguarded information. We draw from experience to develop critical defenses such as independent development, and importantly, to present such themes as central and compelling narratives in trade secret litigations, which are often rife with exaggerated accusations.

Perhaps just as importantly, we provide comprehensive experience-based counseling regarding all aspects of trade secret misappropriation, from prevention through litigation. We are exceptionally well-positioned — because of our litigation experience — to help clients develop comprehensive programs addressing employees, vendors, and processes to lock down trade secrets, manage risks, and avoid facing trade secret claims in the first instance.

Jasmine Networks v. Marvell Semiconductor
Latham won a complete defense verdict for Marvell Semiconductor, Inc. (Marvell), a manufacturer of semiconductors and related devices, in a trade secrets misappropriation trial, which was named 2010's "Top Defense Verdict" by the Daily Journal. After a two-month trial in Santa Clara County Superior Court, the jury cleared Marvell of all allegations. The trade secrets misappropriation trial was one of Silicon Valley's most notorious business stories, stemming from an inadvertent voicemail left by Marvell executives during a business negotiation with plaintiff Jasmine Networks. Latham was retained as Marvell's counsel shortly before the original trial date, after Marvell's former counsel was disqualified. The unanimous jury verdict marked a dramatic conclusion to a case history that included two trips to the California Court of Appeal, including one over an 11th hour dismissal that was later reversed.    

Entrepreneur Media, Inc. v. Rieva Lesonsky
Latham represented Entrepreneur Media, Inc. (EMI) in a trade secret misappropriation and trademark infringement action in the US District Court for the Central District of California against two former employees of EMI. EMI alleged that the former employees had taken copies of proprietary information and franchise database when they left the company and used those trade secrets to improperly jumpstart their own consulting firm. Latham negotiated a settlement on favorable terms for EMI.

Optimal Markets Inc v. FTI Consulting, Inc.
Latham won a complete defense verdict for FTI Consulting Inc. and other defendants in a trade secret misappropriation and copyright action concerning technology related to running clock auction software. The case was resolved in arbitration.

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