Trade Secrets & Employee Mobility

​Protecting trade secrets is one of the highest priorities for many global companies. Orrick lawyers partner with clients to develop effective and enforceable policies and practices to minimize trade secret losses. Preventative measures include conducting audits of existing policies and practices and drafting restrictive covenants and other agreements such as non-disclosure, non-competition, non-solicitation, garden leave and forfeiture-for-competition agreements. Based on our extensive litigation experience and successful results on such matters, Orrick lawyers also guide and successfully protect clients’ competitive positions.

Orrick’s Global Employment lawyers assist clients worldwide with:

  • winning trial court and appellate cases;
  • obtaining or defeating temporary restraining orders and preliminary injunctions; and
  • litigating claims involving misappropriation of trade secrets, breach of restrictive covenants, breach of the duty of loyalty, tortious interference with contract and business relations, unfair competition and related business or employment torts.

eBay.  Orrick is prosecuting an action on behalf of eBay and PayPal against Google and two former eBay employees for trade secret misappropriation, breach of fiduciary duty and related claims.

JPMorgan Chase & Co. Orrick obtained an injunction preventing a former employee from soliciting or doing business with her clients, despite the absence of a contractual non-solicitation agreement. Orrick represented this client on another matter that involved simultaneous litigation in the U.S. and before the High Court in the U.K.

Oracle.  Orrick defended Mark Hurd, the former CEO of Hewlett-Packard, in a lawsuit filed by Hewlett-Packard, alleging inevitable misappropriation of trade secrets and seeking to enjoin Mr. Hurd from serving and Co-President of Oracle.

Specialized Bicycle Components. Orrick represented Specialized Bicycle in prosecuting claims of trade secret misappropriation and breach of fiduciary duty.

US Bancorp Equipment Finance.  Orrick is defending US Bancorp in a trade secrets action filed by a competing financial institution for alleged misappropriation of trade secrets.

Williams Lea. Orrick acts as regular counsel to this global corporation in connection with the enforcement of its post-employment restrictions.

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