Trade Secrets, Non Competes & Restrictive Covenants

We help clients before litigation is on the horizon. We understand that trade secrets protection is a means of establishing a client’s competitive position, so we offer structured maturity assessments and proactively advise clients seeking to build trade secrets frameworks and programs up front, before theft occurs, both to mitigate against the risk of theft within the practical realities of the organization and to maximize the company’s protections under the law. We also assist clients in putting mechanisms in place to identify potential theft and promptly respond.

When the risk of data/trade secret theft turns into a reality, it is critical that companies act swiftly to protect their interests and investments. This is where clients benefit from our significant investigative experience, in-house forensic capabilities, and technical proficiency. We can immediately respond, leveraging computer forensics and data-security experience to address internal or external threats. We then partner with internal client resources or qualified consultants to conduct investigations and devise matter-specific plans to contain and recover the data. We also counsel clients regarding the various legal remedies that may be available, including referring matters to law enforcement, seeking a temporary or permanent injunction, pursuing damages or an out-of-court settlement that may include, for example, an extended restrictive covenant or review of the bad actor’s personal devices. We then tailor the investigation to the unique evidentiary needs of the remedial measure(s) that will seek to maximize success.

Our lawyers have extensive experience prosecuting and defending significant matters involving trade secrets, confidential and/or proprietary information, restrictive covenants, and related issues. Our ability to mobilize resources rapidly at any time has helped us win and defeat motions for temporary restraining orders, preliminary injunctions (TROs), and permanent injunctions in state and federal court. Losing no time, we can marshal our team’s depth and breadth to file and obtain TROs within days of a client’s request, and sometimes overnight. Such prompt action is important given the need to contain the potential damage from theft.

Further complementing our capabilities in this area is our strong International Trade Commission – Section 337 practice. We regularly represent clients in matters involving products manufactured using misappropriated trade secrets.

In cases where trade secret theft occurs as a result of a cybersecurity breach, companies must navigate complex and time-sensitive third-party notification laws and regulations. Our attorneys are highly experienced guiding clients on whether, and when, data-security incident notification is required. Our team also helps clients to prepare the necessary communications to relevant governmental agencies, employees, and third parties. Additionally, Winston’s renowned regulatory defense attorneys work with clients to remediate risk in situations where government regulators investigate or bring an enforcement action against a client for allegedly failing to prevent, anticipate, or properly respond to a breach.