Trade Secret Litigation

Robinson+Cole's Intellectual Property Litigation Team is led by trial lawyers with extensive experience litigating trade secret and computer crimes cases throughout the nation.

    • Experience

      • Trade Secret Misappropriation

      • Defense of former employee in lawsuit alleging misappropriation of trade secrets and breach of noncompetition agreement. Plaintiff dismissed claims on eve of trial.

      • Obtained preliminary injunction precluding former employee from competing with our client and using our client's trade secrets.

      • Represented defendant employer in a frequently-cited noncompetition case. Successfully shielded our client from repeated motions seeking to prevent defendant from working for our client.

      • Obtained a favorable settlement on behalf of a management consulting and research company in a trade secret misappropriation action brought against former employees who left to start a competing business.
      • Obtained a favorable settlement on behalf of a provider of financial data and analytics in an action brought to enforce the confidentiality provisions in a stock option agreement and clawback monies realized from the exercise of such options after an employee left to join a competitor.
      • Obtained a settlement in a trade secret misappropriation case brought by the successful bidder for intellectual property sold at a bankruptcy auction against the buyer of the debtor’s assets at said auction.
      • Prosecution of an action on behalf of a digital media company against an ex-employee accused of violating a noncompete and confidentiality agreement.

      • Representation of client in a fraud, trade secret misappropriation, and breach of contract case in federal court that involved parallel processing computer technology used for speech recognition applications.

        • Other Experiences

      • Represented client after its exclusive sales representative went to work for its main competitor. Suit brought based on, inter alia, a covenant not to compete, the misappropriation of trade secrets and confidential information, and interference with contractual and advantageous relations. Obtained a preliminary injunction and settled the case.
    • News
      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

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          Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

          Robinson & Cole received 34 first-tier metropolitan rankings in the 2014 "Best Law Firms" list from U.S. News & World Report. The firm also received three national rankings, including Tier 2 rankings for Information Technology Law and Land Use & Zoning Law and a Tier 3 ranking for Real Estate Law.

          The rankings are presented in tiers, either on the national or metropolitan lists, by practice area. The 2014 national rankings cover 74 practice areas while the metropolitan rankings cover as many as 120 practice areas. Both rankings are based on surveys in which major clients and lawyers were asked to rate the law firms they consider best in their practice areas.
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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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          Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

          A total of 61 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Florida for 2013. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 19 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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          Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

          Robinson & Cole was again recognized as having the highest number of attorneys in Connecticut selected by their peers for inclusion in The Best Lawyers in America© 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.). Across the firm's practice groups and offices, 56 attorneys were named to this year's list, including 48 in Connecticut and 2 who received the distinction for the first time.

          Additionally, three lawyers were named "Lawyer of the Year" for 2014. Judith M. Keppelman was named Hartford Trusts and Estates "Lawyer of the Year," Dwight H. Merriam was named Hartford Litigation - Real Estate "Lawyer of the Year," and James A. Wade was named Hartford Personal Injury Litigation - Defendants "Lawyer of the Year."

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      • June 22, 2010

        William J. Kelleher III Receives “40 Under 40” Award

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          William J. Kelleher III Receives “40 Under 40” Award

          Robinson & Cole LLP is pleased to announce that Fairfield resident William J. Kelleher, III was honored as one of 40 business professionals under the age of 40 who has achieved distinction as a leader in his field. The “40 Under 40” Award is given out by the Chambers of Commerce in Fairfield County in partnership with the Fairfield County Business Journal.

          To view the press release and photo click here.

      • May 19, 2010

        Robinson & Cole Attorney Presents to Massachusetts Association of Personnel Services on Proposed Noncompetition Agreement Act

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          Robinson & Cole Attorney Presents to Massachusetts Association of Personnel Services on Proposed Noncompetition Agreement Act

          Business litigation attorney John R. Bauer presented "The Massachusetts Noncompetition Agreement Act: Ramifications for Staffing Industry Employers" to the Massachusetts Association of Personnel Services. Mr. Bauer discussed the background and key features of the proposed act. He also offered recommendations on how employers in the staffing industry should revise their policies concerning the use of employee noncompetition agreements if the act is adopted. Mr. Bauer has extensive experience in litigating and negotiating trade secret disputes and disputes concerning noncompetition, nonsolicitation, and nondisclosure agreements and regularly counsels clients concerning the drafting and enforcement of these agreements.
      • May 10, 2010

        Robinson & Cole Attorney Quoted on Massachusetts Bill Aimed to Change State's Noncompete Landscape

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          Robinson & Cole Attorney Quoted on Massachusetts Bill Aimed to Change State's Noncompete Landscape

          Business litigation attorney John R. Bauer was quoted in a Massachusetts Lawyers Weekly feature story covering the widely followed Massachusetts Noncompetition Agreement Act pending before the Commonwealth's House of Representatives. A respected media source on noncompetition law, Mr. Bauer contributed comments concerning the importance of the act and the impact it will have on Massachusetts companies, calling it a "game-changer." He points out that because of ambiguities in the act, employers will have difficulty knowing in advance whether their employee noncompetition agreements will be enforced in court. In addition, Mr. Bauer suggests that because of the penalties the act imposes on employers who seek unsuccessfully to enforce their noncompetition agreements, employers may simply cease using noncompetition agreements altogether.
      • April 6, 2010

        Robinson & Cole Attorney Lectures on Noncompetition Agreements at Massachusetts Institute of Technology’s Sloan School of Management

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          Robinson & Cole Attorney Lectures on Noncompetition Agreements at Massachusetts Institute of Technology’s Sloan School of Management

          Business Litigation attorney John R. Bauer recently delivered a lecture to an innovation and entrepreneurship seminar of business school students and alumni at the Massachusetts Institute of Technology’s Sloan School of Management. Mr. Bauer lectured on the legal framework governing the enforcement of noncompetition agreements in the United States and the proposed Massachusetts Noncompetition Agreement Act currently being considered by the Massachusetts Legislature. Also lecturing were Professor Matt Marx of the Sloan School and Chief Executive Officer Branko J. Gerovac of Video in the Cloud.
      • March 2, 2010

        Robinson & Cole Attorney Publishes Articles on Trade Secrets Audits and Assignability of Noncompetition Agreements

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          Robinson & Cole Attorney Publishes Articles on Trade Secrets Audits and Assignability of Noncompetition Agreements

          John R. Bauer, counsel in the Business Litigation Group, published an article in the February 2010 edition of Connections: The Cambridge Chamber of Commerce Newsletter. The article, "Can You Keep a Secret? Why Now is the Time for a Trade Secrets Audit," encourages companies to conduct trade secrets audits, first, to identify company information that should be protected and that courts may recognize as trade secrets, and, second, to assess whether measures currently employed to protect confidential information are effective. Mr. Bauer also published an article in the January 2010 issue of New England In-House. The article, "States Divided Over Asset Purchases and Noncompetes," explores variations in state laws concerning the assignability of noncompetition agreements during asset purchase transactions.
      • January 4, 2010

        Robinson & Cole Partner Quoted on International Agreement to Bolster Intellectual Property Enforcement

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          Robinson & Cole Partner Quoted on International Agreement to Bolster Intellectual Property Enforcement

          Business Litigation attorney Brian E. Moran is quoted in the article “Global IP Treaty Talks Spur Enforcement Concerns” by Ryan Davis in Law360. Mr. Moran was quoted about a controversial proposal floated by the U.S. at the Anti-Counterfeiting Trade Agreement (ACTA) talks in December. The proposal would require Internet service providers to act against copyright infringement by their users, including terminating service. The memo prompted criticism by technology advocacy groups, which claim ACTA favors copyright holders.

          Mr. Moran concedes that the idea of an international agreement to beef up enforcement of intellectual property rights “makes a lot of sense” from a policy standpoint, because it recognizes the scope of piracy and the value of intellectual property as an economic driver. However, a graduated response requiring Internet service providers (ISP) to “cut off” service seems “a little extreme.” “It’s not like they’re dealing securities, and you can revoke their license,” Mr. Moran said. Any user who has Internet service cut off will simply “hop from ISP to ISP” to find another way to get online, he said.

          Mr. Moran said a more effective approach is to give safe harbor to ISPs who turn over to copyright holders the identity of users who download infringing material, rather than requiring providers to take action. ISPs historically are reluctant to provide such information, citing concerns about privacy, free speech and lawsuits from users who are identified. But if companies feel they are not liable, it would remove that impediment and allow copyright holders to enforce intellectual property rights, he said.

    • Publications + Presentations
    • Federal Circuit Extends Patent Term in Certain Cases (02/18/2014)

      "Patent Reform Becomes Law: Highlights of the Leahy-Smith America Invents Act," published in Connecticut Lawyer, co-authored by Nuala E. Droney and Andrea Donovan Napp (October/November 2012)

      "Drawing the Line Between Descriptive and Suggestive Trademarks," published in Commercial & Business Litigation, co-authored by Edward J. Heath and John M. Tanski, a newsletter of the American Bar Association's Section of Litigation (Fall 2010)

      "Can You Keep a Secret? Why Now Is the Time for a Trade Secrets Audit," published in Connections: Cambridge Chamber of Commerce Newsletter (2/2010)

      "States divided over asset purchases and non-competes," published in New England In-House, more details (1/2010)

      "The Computer Fraud and Abuse Act: An Overview and Discussion of a Recent First Circuit Case," at Boston Bar Assocation (3/11/2008)

      "Is an Employer Liable When Its Sales Employee Breaches a Noncompetition or Nonsolicitation Agreement with a Former Employer?" published in Massachusetts Continuing Legal Education (2007)

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