Procopio, Cory, Hargreaves & Savitch

Firm overview:

Procopio has a long-standing presence in business litigation and intellectual property. Founded in 1946 and headquartered in San Diego, the firm has grown to around 200 attorneys working across seven offices nationwide, including in California, Arizona, Nevada, and Washington, DC. Procopio advises a broad mix of domestic and international clients, combining commercial awareness with a litigation practice that is particularly well regarded for its technical depth in IP-related disputes.

Trade secrets form a core part of the firm’s IP offering. Procopio works closely with companies at every stage of development, from early-stage businesses to established multinationals, to help identify, protect, and enforce confidential and proprietary information. The team is frequently engaged to put practical safeguards in place, including confidentiality and non-disclosure arrangements, internal protection policies, and risk management strategies tailored to the client’s operations.

On the contentious side, Procopio represents both claimants and defendants in trade secrets disputes before state and federal courts across the US. These cases often arise out of employee departures and mobility issues and can involve complex forensic evidence, electronic data, and restrictive covenant enforcement. The team is comfortable handling matters where urgent relief is sought, as well as disputes that proceed through full trial or are resolved through negotiated outcomes.

This blend of practical counselling and courtroom experience allows the firm to support businesses in protecting information that is often central to their competitive edge.

Team overview:

Mindy Morton heads Procopio’s trade secrets practice and is a key figure in the firm’s IP disputes work. Her practice centres on trade secret litigation and strategic counselling for clients in the technology, healthcare, and internet sectors. She is regularly called on to help companies develop and strengthen trade secret protection frameworks and to act in disputes involving alleged misappropriation and employee mobility.

Morton “has a focus on the crossover of trade secrets and privacy,” a peer comments. “I refer cases to her of that nature and had her speak to my trade secrets class on the subject recently.”

Beyond her client work, Morton is actively involved in the wider trade secrets community, serving as co-chair of the ABA IP Section’s Trade Secrets Committee and contributing to the Sedona Conference’s Trade Secrets Working Group.

The addition of Ben Herbert, who joined from Miller Barondess at the end of 2025, boosted the firm’s trade secrets capacity. Herbert, who spent over a decade at Kirkland & Ellis, focuses on patent infringement and trade secrets misappropriation litigation, and has handled complex cases involving diverse technologies.

Other key team members include Paul Tyrell, who represents clients in high-stakes business disputes and litigation involving trade secrets, IP and other matters; and Victor Felix, who handles disputes involving trade secrets, patents, trademarks and copyrights, and previously worked as a senior design engineer for an aerospace company.

Key matters:

• Williams v ServiceNow

Procopio represents defendant ServiceNow in this case involving allegations of misappropriation of trade secrets, breach of contract, fraud, and other state-law claims. Procopio successfully removed the case from state court in Dallas County, Texas, to the federal Northern District of Texas court.

The team, led by Mindy Morton who is assisted by Victor Felix, moved to dismiss the complaint on the grounds of trade secret preemption and failure to state a claim and is awaiting the court’s ruling.

• Apex.AI v Langmead

The team represents Apex.AI in this trade secrets case, where Apex.AI alleges that a former contractor misappropriated trade secrets, breached his contract with the company, and committed fraud and unfair competition.

Procopio successfully obtained an ex parte temporary restraining order requiring defendants to return all company property and enjoining them from using or disclosing any Apex.AI trade secrets or confidential information. Following a successful motion defeating leave to add counterclaims, the parties settled on favourable terms and a permanent injunction was entered.

The team was led by Mindy Morton, with assistance from Jacob Poorman.

• MD Hydration v Fusion Hydration

Procopio represents the plaintiffs in this trade secret case, where MD Hydration alleges that a former employee took valuable trade secrets to start a competing business, including formulas and supplier lists. The case is currently in the discovery stage and is set for trial in the future.

Gina Miller is leading the team.

Clients:

Apex.AI, MD Hydration, ServiceNow