Latham’s lawyers assist clients in developing programs for protecting trade secrets and managing risks, counsel clients to avoid being named as a defendant in trade secret claims, and enforce and defend trade secret claims on behalf of their clients.
The firm's lawyers advise clients on practices and policies to maintain trade secret protection, including:
- “Clean room” design-around practices
- Hiring and employment practices
- Preparation of non-disclosure and intellectual property-ownership agreements for joint ventures, independent consultants, vendors and employees
- Training programs that assist in identifying, maintaining and protecting trade secrets and avoiding third-party claims
The effective handling of trade secret litigation requires not only a deep understanding of technology and the law (including the interplay between trade secret and patent law), but also the litigation depth and talent for which Latham is known. Unless there is an immediate and decisive legal response, trade secret misappropriation by former employees or third parties can cause enormous loss of value to a company.
Latham’s lawyers have substantial experience obtaining emergency remedies such as temporary restraining orders and preliminary injunctions to address trade secret misappropriation. The firm has represented dozens of clients in matters involving threatened or actual misappropriation of trade secrets and have obtained sizeable judgments, seizures and emergency remedies to preclude further use and disclosure of trade secrets. Many such cases involve complex technologies, for which the firm's lawyers use their technological expertise to help to identify critical trade secrets and potential misappropriation.
Defense of trade secret claims likewise requires a blend of technological depth and litigation agility that Latham’s lawyers possess. The firm’s trade secret litigation teams blend technological understanding with expertise in responding to emergency or expedited proceedings, and handling cases through trial when necessary.