Kirkland & Ellis

Firm overview:

Sitting at the top of the Global Big Law tree with annual revenues of more than $6 billion, Kirkland & Ellis has litigated the full range of trade secrets disputes, from outright theft to violation of various agreements.

Widely regarded as one of the preeminent firms in trade secrets litigation, Kirkland’s team has extensive jury and bench trial experience, and a sophisticated appellate practice that has acted for both plaintiffs and defendants across diverse industries. Over the years, the firm has been called upon to represent Virgin Cruises, Boeing and IMG in trade secrets matters.

Team overview:

Recognised in the industry for his trade secrets capabilities, high-stakes trial lawyer Michael De Vries has secured over $2.5 billion in plaintiff jury verdicts and settlements for clients in IP litigations. These include an $855 million jury verdict for Cognizant in a trade secret and copyright case, and a $765 million verdict for Motorola. De Vries is “one of the top two or three people I would call if I had a case that was going to trial”, says a peer.

Also widely considered to be active and accomplished in trade secrets matters, Adam Alper is a leading member of the firm’s IP litigation group. Alper focuses his practice primarily on patent and trade secrets disputes and represents clients in the semiconductor, telecom, computer hardware and pharmaceutical industries.

Los Angeles partner Sharre Lotfollahi is a “super smart, very knowledgeable” attorney, according to an industry peer. Lotfollahi focuses her practice on disputes involving patent, trade secret, trademark, and copyright, and has represented clients operating in varied technology areas. An industry peer rates her highly for trade secrets matters.

Joshua Simmons, based in New York, is also tipped as a go-to contact at the firm for trade secrets matters. An appellate and trial court litigator, Simmons’ practice is focused on entertainment and technology, and he handles disputes relating to copyright, trade secrets, trademark and more.

Other noteworthy members of the team include Patrick O’Toole, who joined Kirkland from Weil, Gotshal and Manges in 2023 and is an experienced trade secrets practitioner. He has held a number of leadership roles within the Sedona Conference’s Trade Secrets Working Group 12, and currently serves on its Steering Committee.

Key matters:

• Motorola v Hytera

A Kirkland team, led by Michael De Vries, is legal counsel for Motorola in its high-profile, high-stakes battle with Hytera. Motorola sued Hytera for trade secrets misappropriation and copyright infringement in 2017, and in January 2025 Hytera pleaded guilty to stealing digital mobile radio trade secrets.

Initial damages of $764.6 million were later reduced by an Illinois district court to $543.7 million. Both parties appealed, and the US Court of Appeals for the Seventh Circuit upheld $135.8 million in compensatory damages and $271.6 million in punitive damages under the DTSA. The appeals court also ordered a recalculation of copyright damages, reducing the initial $136.3 million award to reflect the Copyright Act’s domestic limitations.

The case is Motorola Solutions v Hytera Communications, US Court of Appeals for the Seventh Circuit, 22-2370.

• o9 Solutions v SAP

Kirkland represents software company o9 Solutions in a trade secrets lawsuit filed in November 2025 against SAP.

o9 accused SAP of hiring away executives, who allegedly downloaded over 20,000 files prior to their departure. SAP then used o9’s trade secrets to enhance its own software, the suit alleged.

SAP said it was “committed to the highest standards of business ethics and respects the intellectual property rights of others”.

Taj Clayton, Adam Alper, Michael De Vries and Christopher Lawless are on Kirkland’s team representing o9.

• Valeo v Nvidia

In December 2025, Nvidia settled a lawsuit with automotive supplier Valeo that alleged a former Valeo software engineer hired by Nvidia stole company trade secrets.

The companies told a California judge that they had resolved the case, which was set for trial in January.

Russell Levine and Laura Uhlenhuth represented Valeo in the matter.

Clients:

Motorola, o9 Solutions, Valeo