Trade Secrets
As technology grows and changes, so does the possibility of unfair competition or trade secret theft. Jackson Walker intellectual property and labor & employment attorneys work closely together to help clients reduce the fallout from talent departures and increase the chance of success if litigation is necessary.
Our attorneys are well-versed in all aspects of trade secret and unfair competition matters, including developing policy manuals and confidentiality agreements, negotiating licensing and assignment agreements on the joint development of trade secrets, and assessing the best methods for protecting business information through patents, trade secrets, trademarks, or copyrights. We also counsel employers on how to secure trade secrets when key employees leave the company. And when laws or agreements are violated, our attorneys zealously protect the rights and interests of our clients.
For more information on our Labor & Employment group’s experience in this area, visit our Unfair Competition & Trade Secrets page.
June 5, 2023
Insights
Second Circuit Narrows Defend Trade Secrets Act Remedies
By Michael A. Drab and Leisa Talbert Peschel
The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further use or disclosure of the trade secrets, recover actual damages, and recover damages for unjust enrichment caused by the misappropriation not otherwise included in the damages award.
April 22, 2021
Speaking Engagements
Jamila Brinson, Gary Fowler, and David Schlottman to Speak During Texas Bar Labor & Employment Law Section’s Summer CLE Series
Jackson Walker partners Jamila Brinson, Gary Fowler, and David Schlottman are participating in the first two sessions of the State Bar of Texas Labor and Employment Law Section’s Summer CLE Series.
January 15, 2021
Insights
Best Practices for Maintaining Confidentiality of Trade Secrets in Virtual Arbitration Proceedings
Clients who opt for the privacy of alternate dispute resolution to resolve business differences are sometimes chagrined to learn that designating an ADR does not by itself guarantee confidentiality of trade secrets. The usual challenge of guaranteeing confidentiality can be compounded by virtual arbitration proceedings.
- Counseling employers on protecting proprietary information
- Counseling clients on their IP portfolio management and security
- Counseling involving identification and protection of trade secrets and critical confidential information
- Advising employers how to best protect trade secrets, maximizing legitimate competitive advantage while decreasing the risk of litigation
- Reviewing and drafting of restrictive covenants, including non-disclosure, non-compete, confidentiality, and non-solicitation agreements
- Representing clients in major litigation involving trade secrets, breach of duty of loyalty, breach of restrictive covenants, unfair competition, and inevitable disclosures
- Litigating breaches of restrictive covenant agreements
- Pursuing claims for violation or misappropriation of trade secrets
- Creating and successfully implementing non-litigation resolution strategies in regard to allegations of trade secret theft, unfair competition, and unlawful solicitation of clients
- Counseling on issues related to the Federal Defend Trade Secrets Act; Texas’ adoption of the Uniform Trade Secrets Act; the continued viability of the Federal Computer Fraud and Abuse Act; and common law claims such as the breach of fiduciary duty claim
