Unfair Competition & Trade Secret Disputes

Our attorneys have the experience and knowledge required to help clients address the enforcement of antitrust laws, unfair competition and trade secret disputes. We advise our clients on the solutions that can prevent antitrust and trade-regulation problems, and if disputes do occur, we can help clients determine the best approach to resolve enforcement actions.

Our experience includes:

  • 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
  • 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

Prevention

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 software developers. Given the increased use of strategic alliances, the turnover in knowledgeable workers, and the growing risk of unauthorized access to secured computer systems, businesses are more vulnerable than ever to the possible loss or theft of trade secrets.

Our attorneys can help 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 designed to shore up weak or non-existent firewalls, and to negotiate more effective agreements with business partners and allies.

Protection

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 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.