White & Case

Firm overview:

White & Case is widely regarded as a go-to firm for trade secrets disputes that sit at the outer edge of legal and technical complexity. Market commentators consistently point to the firm’s ability to handle matters involving cutting-edge technologies, large-scale data issues, and cross-border conduct. Its client base in this area includes many of the most prominent players in the technology and media sectors, such as TikTok/Bytedance, X, Snap, Microsoft, Trend Micro, Yahoo! and HTC.

The firm has developed a strong record before the busiest US federal district courts, as well as in appellate proceedings, arbitrations, and matters before the International Trade Commission. White & Case stands out for its capacity to manage trade secret disputes that extend beyond US borders, including cases involving foreign actors, parallel proceedings, and the intersection of civil misappropriation claims and criminal trade secret enforcement.

Team overview:

White & Case’s trade secrets capability is supported by a truly international IP team spanning the US, Europe, and Asia. The practice is led globally by Yar Chaikovsky, who joined the firm in 2023 from Paul Hastings alongside a substantial group of IP lawyers. Chaikovsky brings decades of experience acting as lead trial counsel for global technology companies in their most consequential disputes. While best known as a patent litigator, peers note that he has handled a number of significant trade secrets matters and is highly effective in that arena.

Clients have praised the collective work of Chaikovsky, Philip Ou, and Andrew LeGolvan, describing their representation as consistently outstanding and highlighting their willingness to tackle novel legal issues with confidence and resolve.

Based in Silicon Valley, partner Ou manages complex technology-driven IP disputes from early strategy through trial and appeal. LeGolvan, counsel in the same office, is a highly regarded IP litigator with particular experience in disputes involving artificial intelligence, blockchain, and gaming technologies.

In Washington, DC, partner Michael Songer focuses his practice on trade secrets, patent litigation, and complex commercial disputes. He has played leading roles in several high-profile matters, including serving as lead trial counsel for DuPont in a landmark trade secrets case that resulted in a $920 million damages award.

The team has continued to expand over the past year with the arrival of several notable laterals, including Washington, DC partner Adam Greenfield from Latham & Watkins, Mark Davies from Orrick, and Chicago partner Melissa Anyetei, formerly of Mayer Brown.

Key matters:

• Beijing Meishe Network Technology v TikTok

White & Case acts for TikTok and Bytedance in a possible first-of-its-kind global copyright infringement and trade secrets dispute. Plaintiff Beijing Meishe Network Technology brought suit in the Western District of Texas district court, asserting Chinese copyrights, alleged trade secrets developed in China, and Texas state tort claims. This US suit followed 10 actions in China on similar Chinese copyrights and trade secrets.

The team successfully had the case transferred to the Northern District of California (NDCA), a once-in-a-decade precedent that has been cited four times by the Federal Circuit and in more than 25 orders by Fifth Circuit district courts.

After transfer, virtually the entire complaint was dismissed, including all copyright and most trade secret claims. The plaintiff refiled an amended complaint and another motion to dismiss resulted in further narrowing of the issues and claims brought in the case.

In February 2025, a Special Master in NDCA forced Meishe to detail its source code-based copyright and trade secret claims in more detail, including identifying the economic value of each trade secret for being secret.

The firm believes the TikTok case provides a roadmap of how domestic companies can be sued by a foreign company for alleged trade secrets misappropriation of foreign trade secrets that occurred outside of the US.

The case is Beijing Meishe Network Technology Co Ltd v TikTok Inc, US District Court for the Western District of Texas, Case No. 6:21-cv-00504. White & Case’s team included Yar Chaikovsky (global head of IP, Silicon Valley), David Okano (partner, Silicon Valley), Melissa Anyetei (partner, Chicago), Michael Songer (partner, Washington, DC), Kumar Ravula (counsel, Chicago), Radhesh Devendran (associate, Silicon Valley), Amir Jabbari (associate, Silicon Valley), Woenho Chung (associate, Silicon Valley) and Yolanda Xu (associate, Silicon Valley).

• Temu: Multiple IP litigations

White & Case is lead counsel for Temu, one of the fastest growing e-commerce platforms in the world, in multiple IP litigations.

The team represents Whaleco (d/b/a Temu) and PDD Holdings in a copyright, trademark infringement, trade secret misappropriation, and false advertising suit brought by rival ecommerce giant Shein. This lawsuit was initiated eight months after Whaleco brought suit against Shein in the same court (District of DC) in a copyright infringement, trade dress infringement, trade secret misappropriation, and antitrust case that received extensive media coverage.

This litigation involves a unique intersection of trademark, copyright, and antitrust laws, playing out in a first-impression case involving two e-commerce rivals. The litigation involves analysis of the history and purpose of the DMCA and application of the same to the highly unique ultra-fast-fashion industry.

The case is WhaleCo, Inc v Shein Technology LLC et al, US District Court for the District of Columbia, 23-cv-03706. On the White & Case team are Anna Naydonov (partner, Washington, DC), Mark Gidley (partner, Washington, DC); Jack Pace (partner, New York), Rosie Norwood-Kelly (associate, New York); Nathan Swire (associate, New York); and Elyse McNamara (associate, Washington, DC).

• Sagent: Defence of trade secrets misappropriation claims

ServiceMac, a competitor in the mortgage servicing software space, sent a cease-and-desist letter to White & Case client Sagent alleging trade secret misappropriation relating to a software product. The allegations focus on NDA discussions that the parties had several years earlier regarding potential licensing or acquisition of the product.

Following a thorough investigation of the products and individuals accused—including an extensive prior art investigation to show that the product features were known in the space and not subject to trade secret protection—the team replied to the allegations with a robust defence to the claims. This has so far eliminated any formal filing, ensuring no business impact to the client.

The team is Yar Chaikovsky (global head of IP), Andy LeGolvan (counsel, Silicon Valley) and Amir Jabbari (associate, Silicon Valley).

Clients:

Bloom Energy, ByteDance (TikTok), Minka Lighting, Sagent M&C, Temu