Shapiro Arato Bach

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Trade Secret Litigation

Our attorneys have extensive experience in trade secret litigation, across a variety of industries, often obtaining favorable relief and results for our clients. We have successfully sought and opposed preliminary injunctions, addressed the nuances of whether particular items or pieces of information qualify as trade secrets, and briefed and litigated many aspects of trade secret law in multiple jurisdictions, prevailing in numerous contested hearings and proceedings.

Our firm has handled trade secret matters, along with related employment law matters, on behalf of both companies and individuals, on both the plaintiff side and the defense side. Some representative matters include:

  • Defending financial media company 42 Macro and its CEO and principal investor in ongoing litigation involving the alleged misappropriation of macroeconomic forecasting models. See Hedgeye Risk Mgmt., LLC v. Dale, No. 21-cv-3687 (ALC) (RWL) (S.D.N.Y.).
  • Defending electric vehicle company Harbinger Motors and its founders in ongoing litigation involving the alleged misappropriation of trade secrets. See Canoo Techs., Inc. v. Harbinger Motors, Inc., No. 2:22-cv-09309-FLA (JCX) (C.D. Cal.).
  • Defended life sciences company CymaBay Therapeutics, accused of misappropriating trade secrets in connection with its clinical trial design. Obtained dismissal of virtually all claims, resulting in prompt settlement. See GENFIT S. A. v. CymaBay Therapeutics Inc., No. 21-CV-00395-MMC, 2022 WL 195650 (N.D. Cal. Jan. 21, 2022).
  • Successfully represented former Accenture executive by obtaining an order denying a preliminary injunction, despite allegations that her claimed violation of her non-competition covenant would inevitably lead to disclosure of trade secrets and other confidential information. See Accenture LLP v. Trautman, No. 21-CV-2409 (LJL), 2021 WL 6619331 (S.D.N.Y. June 8, 2021).
  • Successfully defended Thermo Fisher Scientific against claims of trade secret misappropriation, relating to DNA arrays, obtaining complete dismissal that was upheld on appeal. See Zirvi v. Flatley, 838 F. App’x 582 (2d Cir. 2020).
  • Successfully represented Bloomberg companies in New York federal case including claims of trade secret misappropriation relating to a computer application, obtaining summary judgment in our clients’ favor. See iSentium, LLC v. Bloomberg Fin. L.P., No. 17-CV-7601 (PKC), 2020 WL 248939 (S.D.N.Y. Jan. 16, 2020).
  • Represented CEO of a biotechnology company in a confidential arbitration, in which arbitral tribunal rejected all claims of trade secret misappropriation.
  • Successfully obtained preliminary injunction on behalf of apparel company claiming theft of its designs and financial information, and won appeal that resulted in reassertion of trade secret and other claims against one of the defendants. See At Last Sportswear, Inc. v. Byron, 226 A.D.3d 551 (1st Dep’t 2024).
  • Successfully obtained preliminary injunction on behalf of healthcare company restricting former employee from disclosing or using confidential and proprietary information. See PWNHealth, LLC v. IX Layer, Inc., No. 656583/2021 (Sup. Ct. N.Y. Cty.).
  • Represented start-up venture and its founders and investors in an alleged partnership, trade secret, and idea misappropriation case involving an automated shot tracking device for golf. Obtained dismissal of all intellectual property claims and a favorable settlement on the remaining claims.