In today’s modern workplace, trade secrets—confidential business information that constitutes a company’s primary competitive edge—are under constant threat of misappropriation. With the explosion of portable electronic devices and cloud computing, sensitive corporate data is no longer safely contained at the workplace. Information travels far and wide via laptops, flash drives, smart phones, and dropboxes, often without supervisory approval. Moreover, workers themselves are more mobile than ever, taking their training and knowledge to a new job every four years on average. To manage the impact of these changes, companies must be prepared to protect their trade secrets vigorously.
Cozen O’Connor supports a diverse client base of multinational corporations, mid-size businesses, start-ups, and individuals in that effort. Our attorneys have successfully represented both plaintiffs and defendants in multimillion-dollar trade secret and unfair competition litigation.
To prevent breaches, we prepare all types of restrictive covenants, including non-competition and non-disclosure agreements; conduct strategic due diligence on partners, competitors, and employees; write protocols to protect the proprietary and confidential nature of trade secrets; counsel on patent or copyright protection; and institute hiring policies that minimize the risk of unfair competition. In the event that trade secrets are compromised, our seasoned team of litigators advises clients on how to limit dissemination, immediately regain control of proprietary data, and hold wrongdoers to account.
Cozen O’Connor attorneys have extensive first-chair trial experience in large cases involving restrictive covenants, trade secrets, unfair competition, and duty of loyalty claims. We have won multi-million dollar verdicts on behalf of plaintiffs and achieved full exoneration and fee awards on behalf of defendants.
Our practice is designed around the fact that trade secret and unfair competition law is a blend of employment and intellectual property law. For this reason, our trade secret and unfair competition practice includes attorneys from both major disciplines who work in close coordination to provide comprehensive legal service.
Our lawyers also possess deep knowledge of the technologies used to uncover breaches of trade secrets and fair competition. Cozen O’Connor’s attorneys understand the hardware, software, and diagnostic procedures that determine whether and how a breach has occurred. This enables our lawyers to actively and effectively partner with outside forensic experts. We direct forensic investigations, assist with technical discovery, confer with expert witnesses, and marshal forensic data to map the course of a case.
SERVICE AREAS
-
Perform due diligence on partners, competitors, prospective collaborators, and employees
-
Review and design corporate trade secret protection programs to maintain confidential information
-
Train employees and executives on proper data-management protocols
-
Counsel clients on their IP portfolio management and security
-
Draft and enforce employment agreements
-
Review and draft restrictive covenants, including non-disclosure, non-compete, confidentiality, and non-solicitation agreements
-
Conduct investigations into the loss or theft of trade secrets and coordinate expert witnesses
-
Represent clients in major litigation involving trade secrets, breach of duty of loyalty, breach of restrictive covenants, unfair competition, and inevitable disclosures