Trade Secret Protection, Employee Defection, and Unfair Competition

Overview

“Maintains a strong profile for its handling of complex trade secrets...”

— Chambers USA

Trade secrets and confidential business information are critical business assets. In fact, it is estimated that intangible assets make up approximately 84% of value of American companies. Unfortunately, it is also estimated that every year those companies collectively lose over $100 billion due to trade secrets theft. In 2015 alone, trade secret theft was up by 53% from the previous year. With rapidly evolving technology, these assets are increasingly vulnerable to disclosure and to theft. Blank Rome’s attorneys intimately understand the issues surrounding protecting a corporation’s most valuable assets through their mix of legal skills, depth of experience, insights, and creative problem solving.

Blank Rome’s team seamlessly bridges the gap between civil and criminal matters and has experience counseling business leaders, in-house counsel, and human resource managers. We integrate the depth and experience of a large, geographically diverse law firm with an unyielding and unique commitment to personal client attention, service, and counseling.

How We Can Help

Strategic Litigation to Protect Your Business

  • Secure judicial relief and injunctions before competitors can cause harm in the market.
  • Rapidly respond when competitors take employees, customers, or data.
  • Protect you from claims of trade secret misappropriation and other anti-competitive claims.
  • Draw on extensive court experience in contract law and federal and state anti-unfair competition statutes.
  • Understand your businesses and how to protect their competitive advantages in court.
  • Secure significant recoveries for your actual damages and counsel fees incurred in court proceedings.
  • Protect you against claims that your products were derived unlawfully.

Training and Processes to Avoid Risk 

  • Spot potential threats before incurring a loss.
  • Self-analyze contracts, assets, and systems to ensure compliance within the current legal landscape.
  • Conduct internal audits to help you avoid court.
  • Review whether security plans are sufficient to support court enforcement.
  • Establish practices to evaluate potential hires without the risk of litigation.
  • Identify and classify information that could be subject to trade secret protection, evaluate processes, and make recommendations to better secure trade secrets.

Internal Investigations

  • Conduct sensitive internal investigations on suspected thefts of trade secrets with a team that includes former federal and state prosecutors.
  • Work with the authorities, if necessary, when you have been victimized by theft.
  • Mitigate the consequential impact of such thefts on the company’s business.

What Sets Us Apart

  • Ranked nationally as a Tier 1 firm by U.S. News & World Report—Best Lawyers for Employment Law (Management), Labor Law (Management), and Labor and Employment Litigation.
  • Ranked as a top labor and employment firm by Chambers USA. Editors write that Blank Rome's labor and employment practice:
    • “Maintains a strong profile for its handling of complex trade secrets and restrictive covenant disputes. Also offers experience across labor law matters such as contract negotiation and unfair labor practice disputes. Fields notable expertise in executive compensation and employee benefits matters, as well as large-scale wage and hour litigation.”
    • "‘They certainly have a plethora of experts, and that's good when you need someone in niche areas.’”
  • We invest in long-term relationships and create client service teams to ensure effective and efficient delivery of legal services.
  • We place an emphasis on preventive measures to preempt problems before they arise.
  • We provide value-added services to our clients, including in-house training programs, CLE programs, legal briefings, and newsletters.
     

Team

News & Views

See all News and Views