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Trade Secret

Trade Secret

Trade secrets are among a company’s most valuable assets. From proprietary manufacturing methods to customer and strategic information, trade secrets form the core of today’s competitive economy. Because modern technology permits employees easy access to confidential information from virtually any location, trade secrets claims are fast becoming a central concern for businesses across the country.

LPHS has substantial experience helping businesses defend their valuable trade secrets, often on an expedited basis. LPHS has often sought, on behalf of its clients, emergency relief against improper use or disclosure of these secrets. LPHS’s litigation experience, especially its ability to act quickly and obtain temporary injunctive relief, is invaluable in prosecuting (or defending) trade secrets claims.

LPHS has also represented companies and senior executives in disputes that often arise at the end of the employment relationship, including disputes over severance pay and benefits, change in control agreements, option contracts, covenants not to compete or solicit, confidentiality agreements and indemnification agreements. We secured favorable resolutions to these disputes for our clients, keeping in mind the impact litigation has on our clients’ reputation, current goals and future business prospects – matters sometimes worth more than the dollars at stake.

  • We represented Driver Pipeline Company Inc. in connection with a trade secrets claim that resulted in the court issuing a temporary restraining order on our client’s behalf. LPHS’s ability to act quickly and obtain emergency relief was critical. The matter resolved shortly after the issuance of a temporary restraining order.
  • We represented a medical billing company in a trade secret/breach of fiduciary duty case involving claims by a medical practice against its former billing company, fending off a temporary injunction request and obtaining partial summary judgment, which significantly reduced the available damages – ultimately leading to a settlement on confidential terms prior to trial.
  • We represented Herff Jones, the leading provider of class rings, yearbooks and graduation gowns, in a trial against top competitor Jostens Inc., in which two sales representatives who worked for a Herff Jones distributor were accused of sharing trade secrets. The unanimous jury verdict found that Jostens and the two sales representatives pay nearly $1.9 million in compensatory damages to Herff Jones, and another $680,000 in punitive damages against Jostens and the sales representatives. The case was recently affirmed by the Alabama Supreme Court.
  • We represent an online hotel reservation travel agency in a major arbitration involving the use of our client’s confidential inventory booking information.
  • We represented Alcatel in connection with asserting trade secret claims against a competitor’s hiring of a group of engineers working on next-generation telecom technology. The case involved extensive discovery and pretrial motion practice. Ultimately, the case proceeded to trial. The client settled the case during trial for a nine-figure amount believed to be the largest trade secret settlement in North Texas.