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Trade Secrets

Your innovations are diverse. So are your options for protection. Realize the full value of trade secrets.

In today’s global economy, intense competition, employee mobility, and the proliferation of spin-off and start-up businesses make the protection of trade secrets critical. Often the formulas, devices, techniques, patterns, processes, data compilations, and methods that companies use to bring breakthrough products to market are overlooked from an intellectual property (IP) perspective. Recent headlines confirm the threat of trade secret misappropriation by competitors and nation states, and reported verdicts and settlements in trade secrets misappropriation matters range in the hundreds of millions and even billions. Along with renewed Congressional interest in a federal framework for civil trade secret misappropriation actions, these developments all demonstrate that trade secrets will remain a fundamental part of companies’ IP strategies.

Finnegan focuses its trade secret practice on matters involving complex technology. We have decades of experience counseling and advising on IP strategy in tech-heavy industries, and regularly litigate “bet the company cases.” More than 75 of our professionals hold Ph.D.’s in disciplines ranging from neurobiology to electrical engineering. Our deep bench of technical expertise serves as a strong foundation to advise and litigate in specialized technology-related trade secret matters. We are able to efficiently and effectively work with engineers and scientists on unique trade secrets issues such as independent development, reverse engineering, and the state of the technical art.

Develop a strong foundation for your valuable trade secrets

Finnegan provides comprehensive trade secret protection and counseling to Fortune 500 and Global 1000 corporations, as well as innovative start-ups and organizations across all industries. Working closely with each client’s legal, business, and technical personnel, we help identify the key elements surrounding an innovation or technology that will benefit from trade secret protection. We also keep a watchful eye out for types of information that might warrant patent or copyright protection, or protection through various forms of confidentiality and noncompete agreements.

Trade secret investigations and cases often proceed on a fast track. From the moment a problem arises, speed is essential to prevent loss of the secret or to control the damage. This is where Finnegan brings a distinct advantage. We bring immediate and comprehensive legal and technical resources to each matter. If litigation is needed, our deep understanding of the technology allows us to devise persuasive and effective strategies, and to resolve the matter quickly.

When litigation becomes necessary to protect our clients’ trade secrets or to address a challenge from a competitor, our trial lawyers draw on decades of experience in federal and state courts throughout the United States. Trade secret litigation presents unique procedural challenges. We have a proven track record in addressing ex parte and preliminary injunctions, managing discovery, obtaining relief through dispositive motions, and preserving trade secrets during the course of litigation in trade secret actions.

Finnegan provides comprehensive trade secret services
  • Litigating trade secret misappropriation cases before state courts, federal courts, the International Trade Commission (ITC), and arbitration panels
  • Conducting internal audits and investigations regarding trade secret misappropriation
  • Identifying trade secrets that can be protected 
  • Reviewing methods for preserving secrecy and security 
  • Instituting new security measures to prevent wrongful misappropriation or disclosure
  • Drafting appropriate nondisclosure contracts with employees and third parties 
  • Conducting training sessions for employees to instill the need for secrecy 
  • Developing the means to protect confidential business information that may not qualify for trade secret protection