Morgan, Lewis & Bockius

Firm overview:

For the most important trade secrets matters, “we turn to Morgan Lewis”, says a client, who notes that the firm has “a deep understanding of our company and a large network of attorneys across the globe”. The firm has a comprehensive skill set to both counsel on and enforce/defend clients’ proprietary and confidential information. Trade secrets lawyers at the firm have a broad field of knowledge and experience, including in substantive areas relevant to trade secrets such as employment, computer crimes, economic espionage, cross-border litigation, and unfair competition.

The practice is on standby to swiftly and aggressively assist with protecting clients’ trade secrets when needed, and handles high-stakes, complex disputes. Litigators at the firm have taken on trade secrets matters from inception through trial in federal and state courts across the US and before the US International Trade Commission (ITC) arising from employee departures, breaches of nondisclosure agreements, and other circumstances.

For clients including technology leaders, startups, manufacturers and Fortune 100 companies, Morgan Lewis provides services such as trade secrets audits, design protection programmes, and drafting specialised confidentiality agreements.

Team overview:

Morgan Lewis’s trade secrets team is located across 17 of its US offices, with further capability in Europe and Asia.

Seth Gerber, partner and co-leader of the firm’s Trade Secrets Working Group, is a highly prominent figure in the trade secrets arena. He is “absolutely” one of the eminent practitioners in the area, says a leading industry peer. An accomplished trial lawyer, Gerber has defended the second-highest number of trade secret cases in the US over the last three years, and the greatest number for a California-based lawyer.

Fellow co-leader of the Trade Secrets Working Group Julie Goldemberg draws on her background in electrical engineering to litigate patent infringement, Hatch-Waxman and trade secrets cases in the US federal district courts, state courts, and ITC. A highly experienced trial and appellate lawyer, Goldemberg has been involved in more than 60 Federal Circuit appeals and has a deep knowledge of trade secrets-related issues.

Head of the Boston IP practice Josh Dalton comes recommended by a client as an “excellent advisor” on trade secrets matters. Dalton handles complex IP disputes across a range of rights, and his insight has been fundamental to some of the firm’s successes in trade secrets cases.

Michael Weil is highlighted by a peer as being among the top lawyers for trade secrets work in the US. Weil has a deep background in trade secrets and noncompete cases involving a variety of IP, including organic chemistry, genetic sequencing, client lists, and shipping cost information, among others.

The firm has been significantly growing its IP team. In February 2025 the firm added a five-partner IP litigation team on the West Coast, of which three partners—Ali Razai, Benjamin Everton and Brandon Smith—have trade secrets experience within their practice.

Key matters:

• USI Insurance Services v Alliant Insurance Services et al

USI Insurance Services sued Morgan Lewis’s clients Alliant and a number of individuals in January 2023, with various claims including breach of contract and breach of the duty of good faith, and alleging that the defendants improperly acquired and used confidential information.

In April 2025, the federal court ruled on summary judgment that USI’s two-year post-employment non-servicing of customer provision unreasonably harms the public and was therefore unenforceable. In July, the court ruled that the plaintiff’s confidentiality provision was overly broad and unreasonable, and thus unforceable as a matter of law.

Following these rulings, the case settled less than 48 hours before trial was scheduled to start in July 2025.

Morgan Lewis’s team was: Seth Gerber (partner), Timothy Stephens (partner), Debra Fischer (partner), Adam Wagmeister (partner), Lorraine Casto (of counsel), Jeffrey Arrington (of counsel), Andrew Ahn (associate), Johnathon Bramble (associate) and Tammy Lee (associate).

• Acrisure of California v Ryan Bedrosian

Acrisure of California filed a complaint for injunctive relief against Morgan Lewis’s client, an insurance producer, in May 2025.

The federal court entered an ex parte temporary restraining order without providing the defendant with an opportunity to file opposition papers. After a lengthy oral argument by Seth Gerber, the court granted his request for expedited discovery and deferred ruling on the motion for injunctive relief.

Gerber then took the deposition of the lawyer who drafted the agreement containing the defendant’s post-employment restrictive covenants. Within one hour after the conclusion of that deposition, the parties agreed to resolve the matter pursuant to a settlement.

On the team with Gerber were Debra Fischer (partner), Mohamed Awan (partner) and Stephanie Sweitzer (partner).

• Lockton Companies—Pacific Series v Alliant Insurance Services

Seth Gerber represents six individuals, and Alliant, in parallel proceedings in California state court and Missouri federal court. The individual defendants resigned from Lockton and joined Alliant, and filed complaints in California Superior Court asking for a judicial declaration that the restrictive covenants in their agreements are void and unenforceable under California law. Lockton filed motions to dismiss each of the actions, which were denied (although the trial court issued a stay in one case). Lockton’s subsequent writ petitions were denied by the Court of Appeal.

The California Supreme Court has accepted review of five of the matters on a “grant and hold” basis pending the outcome of a related matter. In federal court in Missouri, Lockton is pursuing claims against the six individuals and their new employer Alliant for, among other things, breach of contract and misappropriation of trade secrets.

Morgan Lewis’s team includes Seth Gerber (partner, Century City), Debra Fischer (partner, Century City), Adam Wagmeister (partner, Century City), Lorraine Casto (of counsel, Silicon Valley), and Melissa Story (associate, Houston).

The case is Lockton Companies—Pacific Series et al v Alliant Insurance Services et al, US District Court for the Western District of Missouri, 23-cv-00705.

Clients:

Alliant Insurance Services