Trade secret information constitutes a valuable—and vulnerable—assets for many companies. The misappropriation of trade secrets has become increasingly common in the context of a highly mobile workforce where the exchange of information can occur in an instant.

Whether taking measures to prevent the theft of critical secrets, investigating alleged thefts, or battling in court, trade secrets matters can be complex. Issues often cross the boundaries of employment, intellectual property, and criminal law. With award-winning practitioners in these and other critical areas, we field coordinated, comprehensive legal teams customized to our clients' individual needs. We approach our work with an eye toward trade secret protection and preventing litigation. When litigation is necessary, we have an outstanding track record of success.

Our strengths include:

  • Litigation
    • Litigating complex, high-profile cases involving allegations of civil and criminal misappropriation of technical and business trade secrets in state and federal courts nationwide
    • Defending and pursuing TROs and preliminary injunction motions
  • Investigations
    • Handling government investigations regarding criminal theft of trade secrets
    • Conducting investigations of alleged information thefts
    • Representing employers in disputes regarding theft of confidential and proprietary information and trade secrets by former employees or by new employees who have previously worked for competitors
  • Counseling
    • Evaluating the enforceability of non-compete, non-solicitation, and other restrictive covenant agreements
    • Providing comprehensive training on best practices for protecting confidential proprietary information as companies deal with arriving and departing employees
    • Supplying advice on restrictive covenants and non-disclosure agreements
    • Drafting and auditing confidential trade secrets, noncompetition and nonsolicitation policies, procedures and agreements

Allergan, Inc.

O’Melveny prevailed at trial on behalf of Allergan in a trade secrets case, securing a rare “head start” injunction. Read

Exar Corporation

O’Melveny represented Exar Corporation in its lawsuit against a former Vice President of the company for using trade secrets and highly confidential information to solicit a team of engineers to work for a new competitive venture in Hangzhou, China started by another former Exar employee. Read

Executive Placement Firm

O’Melveny represented an executive search firm in its cooperation with federal prosecutors pursuing criminal charges against a former senior executive for misappropriation of trade secrets. Read


O’Melveny achieved a jury victory for Semtech subsidiary Triune Systems in trade secret litigation in Texas state court. Triune was the plaintiff in the complicated case, which covered more than 70 asserted trade secrets. Read