Trade Secret Litigation

Akin’s trade secret litigation team is comprised of first-chair litigators and Chambers-ranked trial lawyers handling complex and sensitive disputes across various jurisdictions and dispute resolution forums, from pre-litigation counseling through jury trials and appeals.

Our lawyers bring and defend trade secret cases in both federal and state courts, as well as in international tribunals and through alternative dispute resolution (ADR). Additionally, our team has a deep understanding of the Defend Trade Secrets Act (DTSA) and significant experience in critical state court venues.

Our litigators are particularly known for their command in matters involving trade secrets, restrictive covenants, breach of contract, breach of fiduciary duty, crisis management, employment (including worker classification), privacy and fraud. Many members of our team also hold advanced technical degrees that allow us to handle disputes effectively, while fully understanding the technology at issue underlying many trade secret claims.

Akin employs a client-focused, multidisciplinary approach to trade secret litigation that leverages the extensive experience of our attorneys in areas such as commercial litigation, intellectual property (IP), white collar crime, cybersecurity and employment law, among others.

Experience Across Sectors

Our team of seasoned trial lawyers represents plaintiffs and defendants, as well as individuals and private and public companies. We routinely serve as lead counsel to numerous Fortune 500 companies.

We represent clients across industries, including technology, investment management, financial services, professional services, communications, automotive, pharmaceutical, health care & life sciences, chemical, medical device, transportation, consumer products and media, sports & entertainment.

Full Spectrum of Services

Clients rely on our lawyers to provide strategic and comprehensive advice through every stage of a case. From pre-litigation counsel and resolution through trial and appeal, our team is recognized for taking swift and decisive action in defending or pursuing preliminary restraining orders, preliminary injunctions and other critical motions.

Akin’s trade secret litigation team offers full support to clients, including on matters involving:

Breach of contract
Breach of fiduciary duty
Employee disloyalty
Employee mobility and restrictive covenants
Employee poaching
Fraud
Industrial espionage
Legal malpractice
Misappropriation of confidential information
Partnership and LLC disputes
Privacy
Theft of trade secrets
Tortious interference
Unfair competition.

Beyond litigation, our team provides human resources counseling to help clients establish and enforce effective secrecy and noncompete policies and guide them through the cost-benefit analysis of litigation versus alternative dispute resolution methods. This comprehensive approach, combined with the team’s expertise and experience, underscores Akin’s standing as a leading authority in trade secret litigation.

Representative Work

Representing a major technology company focused on big data analytics in performing an internal investigation related to the potential misappropriation of trade secrets related to enterprise software.
Representing Endava Inc. and Comtrade Digital Services Ltd. (an Irish sister company of Endava) in defense against allegations brought by Plusgrade Inc. related to an airline seat upgrade platform.
Represented Boston Scientific in patent infringement action against Nevro Corp. in the District of Delaware relating to spinal cord stimulation technology. Following week-long trial, the jury returned a verdict that Nevro directly infringed one Boston Scientific patent, induced its manufacturer to infringe a second patent, and awarded $20 million to Boston Scientific.
Secured a complete arbitration victory on behalf of Ethicon Endo-Surgery (subsidiary of Johnson & Johnson) where the arbitrator found for Ethicon on all of EndoEvolution’s claims of trade secret misappropriation, breach of contract, fraud and breach of the implied covenant of good faith and fair dealing. EndoEvolution was seeking $40 million in damages and injunctive relief.
Defending a leading pharmaceutical company against claims of trade secret misappropriation being made by a competitor. The allegations relate to the process for manufacturing a subcutaneously administered RNA interference (RNAi) product used to treat Hepatitis B.
On behalf of a company in the animal genetics industry, served as legal defense in an antitrust case that challenged the client’s sector dominance. Prevailed in the antitrust defense based on a “no-injury” finding, as well as on our client’s patent and trade secret counterclaims. The win yielded more than $19 million in past damages and ongoing royalties to the client and royalties continue to accrue.

Represented an animal genetics company and its biotechnology engineering subsidiary in asserting patent infringement claims against a key competitor relating to microfluidic-based cell sorting. After a one-week trial, our client prevailed in its patent infringement claims, as well as in its defense against the defendants’ breach of contract counterclaims. The win yielded more than $13 million in past damages to the client.
Represented Yipit LLC, a subsidiary of the Carlyle Group, in dueling affirmative and defense lawsuits alleging trade secret misappropriation in the Southern District of New York. The cases settled along with a consent judgement and permanent injunction against three individual defendants in Yipit’s favor.
Represented a health care app in a trade secret dispute in Minnesota federal court. After filing a motion to dismiss, the case settled.
Secured a $66.7 million jury verdict in favor of DoubleLine Capital CEO Jeffrey Gundlach against his former employer, Trust Co. of the West (TCW), on his cross-complaint. TCW originally brought suit against our client, DoubleLine Capital and certain of its founders, claiming breach of fiduciary duty, trade secret theft and tortious interference in connection with a large-scale departure of employees to DoubleLine Capital after Mr. Gundlach was terminated. The jury awarded no damages on TCW’s complaint against DoubleLine Capital and the individual defendants.
On behalf of Amgen, obtained a favorable settlement, including a multi-year royalty, resolving a trade secrets dispute brought against a commercial-stage biopharmaceutical company involving an oncology drug on the eve of a lengthy jury trial.
Secured a complete defense verdict on behalf of Fortress Investment Group in a five-week bench trial in a lawsuit filed by a life settlement investment fund seeking more than $200 million in damages and bringing claims of breach of fiduciary duty, fraud, unfair competition, breach of contract and misappropriation of trade secrets.
On behalf of social media app Snap, won a motion to dismiss trade secret and related claims related to the Snap Maps application.
Represented a technology startup in defending a breach of supply agreement claim and bringing affirmative trade secret and fraud claims against a Fortune 500 public commodities company in arbitration. Ms. Smolowe negotiated a favorable settlement that resolved the case the day before the arbitration hearing.
On behalf of City National Bank, successfully resolved claims of misappropriation of trade secrets, breach of contract and unfair competition brought by Community Bank.
Represented a satellite technology manufacturer in bringing claims of misappropriation of trade secrets, breach of fiduciary duty and breach of contract against former employees who secretly launched a competitor and stole confidential information.
On behalf of Ten-X, an online real estate marketplace, obtained a preliminary injunction and then later a cash settlement, a public apology and certain ongoing restrictions in its lawsuit against Commercial Real Estate Exchange (CREXi) and its CEO alleging breach of contract, breach of fiduciary duty and misappropriation of trade secrets.
Represented Air Lease Corporation in resolving allegations of trade secret theft, aiding and abetting breach of fiduciary duty and unfair competition relating to the formation of the company after the founder retired from a competitor.

List may include matters handled by Akin lawyers prior to joining the firm.

Represented an animal genetics company and its biotechnology engineering subsidiary in asserting patent infringement claims against a key competitor relating to microfluidic-based cell sorting. After a one-week trial, our client prevailed in its patent infringement claims, as well as in its defense against the defendants’ breach of contract counterclaims. The win yielded more than $13 million in past damages to the client.
Represented Yipit LLC, a subsidiary of the Carlyle Group, in dueling affirmative and defense lawsuits alleging trade secret misappropriation in the Southern District of New York. The cases settled along with a consent judgement and permanent injunction against three individual defendants in Yipit’s favor.
Represented a health care app in a trade secret dispute in Minnesota federal court. After filing a motion to dismiss, the case settled.
Secured a $66.7 million jury verdict in favor of DoubleLine Capital CEO Jeffrey Gundlach against his former employer, Trust Co. of the West (TCW), on his cross-complaint. TCW originally brought suit against our client, DoubleLine Capital and certain of its founders, claiming breach of fiduciary duty, trade secret theft and tortious interference in connection with a large-scale departure of employees to DoubleLine Capital after Mr. Gundlach was terminated. The jury awarded no damages on TCW’s complaint against DoubleLine Capital and the individual defendants.
On behalf of Amgen, obtained a favorable settlement, including a multi-year royalty, resolving a trade secrets dispute brought against a commercial-stage biopharmaceutical company involving an oncology drug on the eve of a lengthy jury trial.
Secured a complete defense verdict on behalf of Fortress Investment Group in a five-week bench trial in a lawsuit filed by a life settlement investment fund seeking more than $200 million in damages and bringing claims of breach of fiduciary duty, fraud, unfair competition, breach of contract and misappropriation of trade secrets.
On behalf of social media app Snap, won a motion to dismiss trade secret and related claims related to the Snap Maps application.
Represented a technology startup in defending a breach of supply agreement claim and bringing affirmative trade secret and fraud claims against a Fortune 500 public commodities company in arbitration. Ms. Smolowe negotiated a favorable settlement that resolved the case the day before the arbitration hearing.
On behalf of City National Bank, successfully resolved claims of misappropriation of trade secrets, breach of contract and unfair competition brought by Community Bank.
Represented a satellite technology manufacturer in bringing claims of misappropriation of trade secrets, breach of fiduciary duty and breach of contract against former employees who secretly launched a competitor and stole confidential information.
On behalf of Ten-X, an online real estate marketplace, obtained a preliminary injunction and then later a cash settlement, a public apology and certain ongoing restrictions in its lawsuit against Commercial Real Estate Exchange (CREXi) and its CEO alleging breach of contract, breach of fiduciary duty and misappropriation of trade secrets.
Represented Air Lease Corporation in resolving allegations of trade secret theft, aiding and abetting breach of fiduciary duty and unfair competition relating to the formation of the company after the founder retired from a competitor.