Unfair Competition & Trade Secret Disputes
Our attorneys have the experience and knowledge to help clients address the rapidly evolving enforcement of antitrust principles, unfair competition and trade secret disputes. We assist clients in understanding and responding to the application of these principles in areas ranging from traditional processes and products, to emerging technologies, the Internet and telecommunications. By working at the intersection of traditional and new economies, our attorneys create innovative solutions to the most challenging antitrust and trade-regulation problems, helping clients determine the best approach to resolve and prevent disputes and enforcement actions — whether that involves aggressive litigation or alternative dispute resolution options.
We assist clients with regard to:
- mergers and acquisitions, including compliance with Hart-Scott-Rodino requirements
- joint ventures and other alliances
- Private Treble Damage civil actions, including antitrust class actions
- analysis of distribution networks, pricing programs, promotional and cooperative advertising programs, distribution restrictions and franchising relationships
- representing clients involved in civil and criminal antitrust investigations of the Department of Justice, the Federal Trade Commission, and state Attorneys General
- negotiating with federal and state antitrust enforcement agencies
A primary asset of any business is the proprietary information that makes its products or services unique — whether already on the market or still in development. This is as true for companies involved in heavy manufacturing as it is for packaged-food processors and software developers. Given the increased use of strategic alliances, the rapid turnover in knowledge workers, and the speed with which information can spread through the open architecture of the Internet, businesses are more vulnerable than ever to the possible loss or theft of their trade secrets.
Our litigation and dispute resolution attorneys focus on prevention, helping clients identify and correct potential holes in their trade secrets protection strategies. This includes audits of existing trade secrets and intellectual property; non-compete, non-disclosure and confidentiality agreements; database and other electronic information protection systems; and other trade secret protection policies, procedures and employee training practices. Following this analysis, we recommend strategies to shore up weak or non-existent firewalls and to negotiate more effective agreements with business partners and allies.
When theft or misappropriation of trade secrets occurs, we work quickly and aggressively to stop the further spread or use of the lost information. Our experienced litigators use every strategy available to them to pursue possible violators, including seeking injunctions and prosecuting claims both in court and in alternative dispute resolution forums. Recognizing that claims of trade secret infringement can cause significant damage to consumer and business confidence, we work equally aggressively to defend our clients against such allegations.