Meg Ives, Eric Marandett, Jennifer Tracy, Tom Shirley, Carlos Perez
Paul Popeo, Dan Winston, Michael Bunis
Choate successfully represented a technology luminary and his young company in claims made by a former employer threatening trade secret misappropriation, patent infringement and breach of fiduciary duty. Rather than remain passive in the face of these unfounded threats, Choate acted first – bringing a declaratory judgment action in federal court seeking a determination that neither the individuals nor the new company engaged in any improper conduct. The accusers quickly stood down.
Choate recently took charge of a misappropriation of trade secrets and unfair trade practices case representing an IT network solutions company, where a default judgment had been entered against the defendants when they were represented by predecessor counsel. Following a weeklong trial, Choate succeeded in obtaining a defense judgment finding that the business plaintiff, who sought damages totaling approximately $10 million, failed to prove causation of damages.
Choate served as lead trial counsel for Clinical Data, Inc., obtaining dismissal of a former CEO’s claims and winning a $5.75 million jury verdict—nearly twice the damages calculated by the client’s damage expert. Choate represented the company in a state court action brought by its former CEO alleging breach of his employment agreement and wrongful failure to make severance payments. Counterclaims asserted against the former CEO included breach of contract and breach of fiduciary duty, based upon his unauthorized disclosure and use of Clinical Data’s confidential business information.
Obtained an injunction preventing the sale of a competing military robot after a trial court determination that the defendant had misappropriated trade secrets and destroyed evidence. This injunction paved the way for a settlement on extraordinarily favorable terms and awarded the client a $300 million military contract.
Comprehensive Trade Secret Protection
Cross-disciplinary team of trial lawyers provides multifaceted trade secret protection including representatives from intellectual property, government enforcement, corporate and labor and employment.
Integrated Trade Secret Advice
Holistic approach fully addresses business implications of trade secret claims and leverages specialized expertise to deliver integrated counsel.
Resolving Matters Early
Group focused on:
- Providing practical solutions aligned with business strategies
- Resolving matters within critical first 90-day period
- Treating matters discretely to protect business interests
Lead Counsel in Trade Secret, Contract & Unfair Competition
Lawyers have been lead counsel in significant trade secret cases, including:
- Tekmira Pharmaceuticals v. Alnylam Pharmaceuticals and AlCana Technologies
- EMC Corporation v. OrangePoint, LLC
- Content Management Associates, Inc. v. FMR LLC
- AvePoint, Inc. v. Janalent Corporation
- New England BioLabs v. Enzymatics
- NeuroLogica v. Mobius
- iRobot v. RoboticFX, Inc.
- EMC Corporation v. Tomlen
- Kior v. George Huber & University of Massachusetts
- NeuroLogica v. Analogic, Inc.
- EMC Corporation v. Butcher
- ScanSoft Inc. v. Voice Signal Technologies, Inc.
- TransCanada Power v. Narragansett Electric
Over 30 expert litigators and litigation support team with decades of experience representing companies in trade secret disputes. Named a “Go-to Firm” in Litigation in 2013 by Corporate Counsel. Lawyers throughout practice areas consistently receive national recognition for excellence.
Work with clients to minimize, manage and mitigate risks under the Uniform Trade Secrets Act and other applicable laws, and take steps necessary to prevent future problems, including:
- Offering expert litigation counsel when trade secret disputes arise
- Conducting risk assessments in broad range of corporate transactions
- Developing non-compete and employment policies to prevent trade secret theft
- Establishing and structuring trade secret protection programs
Experts in Labor, Employment & Benefits
Expert representation of employers and senior executives.
Represent leading public and private companies in all aspects of their business including M&A transactions, joint ventures, financings, collaborations and licenses, technology transfer and general advice and counsel. Nationally ranked among the leading firms for M&A, Private Equity Buyouts and Venture Capital and Emerging Companies by The Legal 500 guide to preeminent US law firms.
Experienced in Government Enforcement & Compliance
Experts in representing companies and individuals in government investigations and prosecutions, including internal investigations regarding alleged theft of trade secrets as well as defense of companies in criminal trade secret theft matters involving federal prosecutors and grand jury investigations.
Represent major companies in litigation and arbitration across United States, as well as multinational companies in resolving international disputes.