Trade Secrets

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Heightened competition, international threats, and the implementation of a widespread remote workforce have made the need to protect trade secrets more important than ever. Trade secrets are invaluable company assets that provide an essential competitive advantage.

Our interdisciplinary team of trade secret lawyers have a depth of experience that includes litigation, employment, antitrust, white collar, and intellectual property in the U.S. and abroad and routinely guides businesses through all aspects of the trade secret life cycle, from development through protection.

Our experience covers virtually every sector and industry of the economy, including developers of high-tech hardware and software; biotech and pharmaceutical companies and manufacturers; medical device companies; automotive and industrial automation manufacturers; and food and beverage companies.  More than 80 of our attorneys have science and engineering degrees in such fields as computer science, electrical engineering, materials science, organic chemistry, chemical engineering, biochemistry, pharmacology, biomedical engineering, biology, applied physics, aeronautical engineering, and mechanical engineering, among others, and we leverage these backgrounds to provide result-focused representation.

We represent domestic and international companies in all industries including:

  • Litigating the highest profile civil and criminal disputes, including obtaining the largest contested trade secret verdict in history.
  • Advising companies on protecting trade secrets through audits, strategic portfolio analyses, and developing robust on-boarding and off-boarding programs to ensure clients do not inadvertently obtain a competitor’s trade secrets after recruiting and hiring new employees or allow trade secrets to walk out the door with departing employees.
  • Helping clients protect proprietary information through preparation and negotiation of a range of noncompetition, non-solicitation, and confidentiality agreements for senior executives and managers as well as appropriate agreements for supplier and customer relationships.
  • Engaging directly with policymakers to address the rapidly expanding scale of trade secrets misappropriation and pursue legal and public policy responses to improve trade secret protections.
  • Taking active and dynamic litigation strategies to stem the loss of critical information, prevent further misappropriation of clients’ confidential information, and achieve appropriate redress.

Our team of lawyers also produce the Trade Secrets Trends blog which is read internationally and participate in multiple organizations including the ABA, AIPLA, and Sedona Conference.

View More

"Open Questions Add Uncertainty to Scope and Impact of New Trade Secret Law," Intellectual Property Bullet Analyses (February 16, 2023). Contacts: Andrew M. Spitzer, Michael H. Jacobs
Client Alert/Newsletter
NBA Star Zion Williamson Secures Wins on the Basketball Court and in the Courtroom, After Defeating Claims of Trade Secret Misappropriation (August 9, 2022). Authors: Emily Tucker and Astor Heaven.
Restrictive Covenants in the Fifth Circuit (June 16, 2022). Authors: William C. Pellett and Valerie M. Goo.
Non-Compete Agreements a Non-Starter? New Jersey Proposes Sweeping Non-Compete Legislation (May 24, 2022). Authors: Rachel Lesser and Christopher J. Banks.
$2B Jury Verdict in Trade Secrets Suit (May 12, 2022). Authors: Mark A. Klapow and Katie Lee.
Restrictive Covenants in the Tenth Circuit (May 3, 2022). Authors: Katie Lee and Thomas P. Gies.
Trade Secrets Not So Secret: Conventional Technique, New Application (April 26, 2022). Authors: Kent B. Goss and Wei-Chih Hsu.
The Sedona Conference Solicits Public Comment on its Commentary on the Governance and Management of Trade Secrets (April 25, 2022). Authors: Mark A. Klapow and Emma Cunningham.
An NDA Leads to the Loss of Trade Secrets, a Failed Deal and No Recourse (April 21, 2022). Authors: Crinisha B. Berry and Anne Elise Herold Li.
The Dropout: Trade Secrets in Pop Culture (April 14, 2022). Authors: Katie Lee and Christopher J. Banks.

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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