Unfair Competition and Trade Secrets

We know your business. We know what makes it valuable. We make it our business to protect your assets and goodwill. Every day, our Unfair Competition and Trade Secrets Practice Group—comprised of more than 100 lawyers—leverages our deep bench, experience, and efficiency-built technology and litigation support to partner with companies of all sizes, from small businesses to Fortune 100 companies, to:

audit company practices, policies, and procedures with a focus on practical recommendations for better alignment with corporate goals and needs;
design, modify, and implement customized policies, best practices and procedures (including internal IT tools), and agreements regarding confidentiality, noncompetition, nonsolicitation, and inventions assignment;
investigate and remediate threatened or actual violations or breaches by current or former employees; and
provide strategic advice and support in connection with hiring employees who are subject to restrictive covenants or who may possess trade secrets.

If litigation is necessary, including immediate injunction proceedings, our attorneys stand ready to strategically advocate for our clients. Whatever the approach, the Unfair Competition and Trade Secrets Practice Group is fueled by collaboration with Ogletree Deakins’ project management resources, including IT support, electronic discovery, and forensics teams.

Geographic Presence

Ogletree Deakins’ unfair competition and trade secrets attorneys are located in offices across the United States and in the U.S. Virgin Islands, Canada, Mexico, France, Germany, and the United Kingdom. Because offending activity can happen anywhere in today’s connected world, we use our international offices and global connections to help clients defend such actions across the globe.

Recent Experience

Protected a fashion label against a manufacturer of faked goods in India by successfully obtaining a court injunction from the Indian courts and using the injunction to prevent further offending activities in both India and the United Kingdom.
Won summary judgment for an engine control system client in an international misappropriation of trade secrets case where the plaintiff sought over $65 million in damages. The Second Circuit Court of Appeals affirmed.
Won a $13 million trial award for our client in a misappropriation of trade secrets case, including by leveraging forensics and key expert support. The Indiana Court of Appeals affirmed.
Won a complete defense verdict in a $5 million restrictive covenant case in the Eastern District of North Carolina, Western Division.
Successfully defended a brokerage client in a case involving claims of misappropriation of trade secrets, conversion, and breach of employment agreements containing noncompete and nonsolicitation clauses.
Successfully resolved a case involving allegations of breach of employment agreement and misappropriation of trade secrets and other confidential information for a brokerage client who was subject to a temporary restraining order.
Secured a favorable settlement in a case involving competing actions in both Georgia and Tennessee by strategically filing a declaratory judgment action to invalidate a noncompete agreement on behalf of an executive who left his former employer.
Filed a non-compete suit in California on behalf of a healthcare employer against a competitor who hired three of the employer’s key employees but not before convincing them to gather up all the employer’s client information to give the competitor a leg up in the market. A week before trial was scheduled to begin, the competitor agreed to settle for a seven-figure sum.

In the past five years…We have handled over 1,500 unfair competition, trade secrets, and restrictive covenant cases for more than 1,000 clients.

From 2018 to 2020…We were the most active trade secret law firm in the United States, representing plaintiffs in 81 cases and defendants in 38 cases.*

From 2010 to 2019…

We defended clients in over 120 trade secret litigation cases, more than any other firm.*
We represented plaintiffs in nearly 200 trade secrets cases, including more than 75 Defend Trade Secrets Act claims.

*According to Lex Machina