Trade Secrets Engagements

• Ran One v. Principa - We represented Ran One in a copyright infringement and trade secret misappropriation case brought against a former officer and director who attempted to create a competing company.  The case settled favorably to Ran One. 

• BCCI v. Principal Builders, et al. - Successfully defended the founders of a start-up company who were sued in California state court by their former employer in the commercial design business based on claims of alleged misappropriation of trade secrets, breach of employment contracts and restrictive covenants.

• Cadence v. Avant!; People v. Avant! - In these parallel civil/criminal proceedings, the firm represented the CEO of Avant!, who was among several individual defendants alleged (along with the corporation) of having been involved in the theft of source code belonging to the plaintiff/“victim.”  The issues involved Integrated Circuit Design Automation, defined generally as the field of automated software tools for the design and creation of sophisticated integrated circuits.  The case settled favorably for our client. 

• Corporate Health Care Financing, Inc. v. Chris Fletcher and Tri-City Benefits, et al. - Successfully defended Tri-City Benefits and Chris Fletcher in a lawsuit filed in the United States District Court for the District Of Maryland by the former employer of Mr. Fletcher which sought preliminary injunctive relief based on claims of alleged misappropriation of trade secrets, breach of restrictive covenants and solicitation clauses in Mr. Fletcher’s employment contract, as well as alleged theft and improper disclosure of confidential business information relating to the employee benefit plan industry.  After conducting extensive expedited discovery proceedings and avoiding a preliminary injunction, was able to settle this case for our clients on favorable terms.

• Deluxe Data v. Visa International, et al. - In this case, perhaps the first in the country tried under the “inevitable disclosure” trade secrets doctrine, the firm represented Visa, its data processing system, and seven individuals who were sued for having left the plaintiff en masse, allegedly with knowledge of source code and “know-how” related to the functionality in ATM machines worldwide.  The case was tried in state court in Milwaukee for approximately two weeks, and our clients prevailed on every count.  The decision in favor of our clients was affirmed by the Wisconsin Court of Appeals.

• Eloukhy v Castagna - Defended Paul Castagna and Golden Gate Financial against claims of trade secret misappropriation relating to development of computerized market timing systems.  Evidentiary hearing in Snata Clara Superior court on application for preliminary injunction.

• FAS Technologies, Inc. v. Dainippon Screen Mfg. Co. - Defended Dainippon Screen in a trade secret case involving allegations of misappropriation of alleged trade secrets relating to flat panel display manufacturing equipment.  Obtained summary judgment on the trade secret claims and a significant award of attorneys' fees for our client under the California trade secret statute. 

• Ischemia Research and Educational Foundation v Pfizer, Inc., et al. –  Defended Pfizer, Inc. against claims of trade secret misappropriation pending in Santa Clara County Superior Court which involve asserted damage claims in excess of $100 million.  The plaintiffs’ misappropriation claims arose out of clinical drug trials for Bextra, a second generation COX-2 inhibitor.

• PGEI v. Sierra Detroit Diesel-Allison, et al. - We represented the defendant company being sued by a competitor over the components of large, commercial, diesel-powered electric generator packages.  The plaintiff’s claims alleged that our client hired the plaintiff’s former employees and misappropriated the plaintiff’s design plans for the fuel tanks, on which the generators sit, and the steel housings or enclosures, which cover the generators for weather protection and sound attenuation.  The case was settled on favorable terms for our client prior to trial. 

• Smith Barney – We act as regional counsel for Smith Barney in the San Francisco Bay Area and regularly provide advice, counseling and act as litigation counsel for disputes arising out of the termination and hiring of broker-dealers, solicitation of clients and employees and the handling of confidential business and client information.  In connection with this work, we are often called upon to handle proceedings seeking TRO’s and preliminary injunctive relief.

• Wavelink Media v. Stoneground Solutions - Represented three former employees and their start-up website design company in litigation filed by their former employer (another website design company) based on claims of alleged misappropriation of trade secrets (including client lists, marketing strategies and website design techniques and styles), trademark infringement and copyright infringement.  The case was settled favorably for our clients through mediation.