Intellectual Property

Trade Secret & Unfair Competition Litigation

We have litigated and tried numerous trade secret and unfair competition cases to judges and juries on behalf of both plaintiffs and defendants, won summary judgments and obtained and defeated temporary restraining orders and preliminary injunctions in cases ranging from sophisticated, cutting-edge technology to customer lists and data. We have the capability to respond quickly against misappropriators of trade secrets and have an equally strong record of defending clients accused of misappropriation. We also counsel clients on “best practices” to protect trade secrets and avoid liability to others.

Representative Trade Secret and Unfair Competition Matters:

  • Won a three-month jury trial for CalComp involving computer protocol in high-speed color printers, obtaining a directed verdict on multimillion-dollar trade secret and fraud claims.
  • Won substantial compensatory and punitive damages for plaintiff Osterloh & Durham (now Chubb) Insurance after a two-month trial over theft of trade secrets, conversion and interference with business relationships.
  • Won a unanimous jury verdict awarding several million dollars in compensatory and punitive damages to plaintiff Hathaway Dinwiddie Construction Company after a three-month jury trial involving fraud, contract and unfair business practice claims, upheld by the Ninth Circuit.
  • Won a quick dismissal for Disney of a case under the California Unfair Practices Act over Disney’s alleged failure to warn children of the dangers of smoking in its G-rated animated films (spanning some 40 years) in which animated characters were shown smoking, and avoided a class action, despite the success of such suits against other companies.
  • Won summary judgment for Mattel in a suit for alleged monopolization of the fashion doll market under the Sherman Act and California Cartwright Act.
  • Successfully defended Fleishman Hillard over public disclosure issues in a high-profile food contamination suit against Jack in the Box, arising out of Fleishman Hillard’s role as public relations advisor to the company after several patrons were infected with E. coli bacteria following their consumption of meals at Jack in the Box.