Trade Secrets & Restrictive Covenants

The Intellectual Property litigators in Bailey Cavalieri’s Business Litigation Group understand and embrace that intellectual property is the lifeblood of many companies and frequently determines a company’s competitive position in the marketplace. Unless safeguarded, a company’s innovations, technological advancements, and brand equity are all at risk of being compromised. When a competitor infringes on a company’s rights, or someone threatens to sue a business for an alleged violation of its intellectual property rights, the IP dispute attorneys in our Business Litigation group have the experience and fortitude to protect our clients’ interests.

Whether the dispute involves trade secrets, trademark, copyrights, unfair competition, false advertising, or patents, our IP dispute attorneys have the knowledge and experience to help fight your company’s battles with competitors.

Businesses conduct business through contractual relationships, and the competitive marketplace can be a rough-and-tumble world. Unfortunately, disputes sometimes arise. The attorneys in our Litigation Practice Group regularly assist the firm’s clients in navigating the troubled waters of business and commercial litigation and have amassed many years of experience in litigating all manners of business and commercial disputes. They have participated in the federal and state courts at both the trial and appellate levels.

Just as “the best-laid plans of mice and men often go awry,” shareholders in closely-held corporations, despite the oneness of purpose that brought them together in their enterprise, sometimes find themselves at odds, resulting in the eruption of disputes that can threaten the very existence of the enterprise. Corporate shareholders at times feel that management is not being sufficiently assertive in pursuing the corporation’s rights, and shareholder derivative litigation can result. Shareholder disputes take many forms and our attorneys in our Litigation Practice Group represent our clients in handling shareholder disputes of all types.

“Class action” is a phrase that strikes fear into the heart of many a business executive, as class-action litigation is frequently high-stakes, complex, protracted, and expensive. Consumer class-action lawsuits often carry the additional specter of multiple-damage and punitive-damage awards. With their experience, the attorneys in our Litigation Practice Group can help take the fear out of class-action litigation and advocate on your behalf.

Bailey Cavalieri’s trade secret and restrictive covenant team helps our clients navigate through these often complex and contentious disputes, by first advising them of the steps they need to take to minimize their risk of being drawn into them, and second, by being prepared to aggressively litigate them should that need arise.  Both Chambers USA and the World IP Review have recognized our team’s commercial litigation and trades secret litigation work.  As those and other professional recognitions demonstrate, our team draws on a deep understanding of trade secret and restrictive covenant law, as well as extensive trial experience in litigating these disputes throughout the United States. We represent not only companies who believe their intellectual property may be at risk, but employees accused of misappropriation and their new employers.

Bailey Cavalieri’s trade secrets litigators pursue emergency and expedited proceedings, including TROs and preliminary injunctions, in these cases. And should a case go to trial, our team is experienced in presenting these disputes to judges, juries and arbitrators.  We have litigated these disputes in virtually every industry, including healthcare, technology and software, manufacturing, financial services, insurance, pharmaceuticals, medical devices, food services and military contracts. Our team has represented clients in over a hundred state courts, federal courts and arbitrations throughout the United States, including arbitrations under FINRA and AAA. Because these disputes sometimes involve related intellectual property, our experience in patent or copyrights allows us to take a broad and holistic view of the different areas of the law that might be impacted in that litigation.

We also advise Fortune 500 and closely-held companies on their agreements and policies to minimize trade secret risks and to be in the best position possible to litigate if the need arises. We do this by gathering critical technical evidence as well as strategically addressing breaches by employees, business partners or vendors. Perhaps just as importantly as our proven litigation results, we provide practical and customized counseling for each and every client.

The attorneys in our Business Litigation Practice Group are well versed in navigating all stages of arbitration proceedings and the full spectrum of issues that arise relating to arbitrations, including those conducted through the American Arbitration Association (AAA), the CPR Institute for Dispute Resolution, JAMS, and the Financial Industry Regulatory Authority (FINRA), as well as private arbitrations. We also have experience in a broad array of collateral proceedings relating to arbitration, including those to address enforceability of arbitration clauses, special proceedings to enforce or vacate awards rendered in arbitration, and collateral court proceedings to determine procedural limits on prospective arbitration proceedings.