This is a detailed analysis of the firms in Band One.

Hello, and welcome to Global Trade Secrets. Here, you’ll find what we believe to be the first genuine global ranking of law firms for trade secrets, reflecting the fact that at the sharp end, trade secrets are cross border, complex and high value. Editor Baron Armah-Kwantreng has spent months wading through submissions, talking to the market and developing an understanding of how it works in order to produce rankings that we feel are robust and credible, but more than that, extremely useful for corporate counsel who find themselves with a trade secrets challenge.

Overview:

Jones Day, says a client, “has the breadth of capability across countries and the creativity of new ways of solving problems” in advising worldwide on trade secret protection and litigation. Jones Day’s “impressive” experience of winning complex trade secret disputes in forums worldwide, draws on its procedural knowledge and strategy techniques in acting for plaintiffs and defendants in multi-jurisdictional, cross-border or international disputes. The firm utilises a cross-practice composite of intellectual property, labour & employment, business litigation, cybersecurity, antitrust, and appellate lawyers.

Team overview:

Global Chair of Trade Secrets Randall E. Kay, “every inch the quintessential trade secrets lawyer” is “one of the deeper folks on trade secrets who connect the dots” according to clients. He leads the teams for Micron Technology and MedImpact Healthcare in major international trade secrets suits. He led Qualcomm’s successful trade secret lawsuit against Apple in a high-profile dispute over wireless technology in iPhones. Kay coordinates a global team of 29 trade secrets practitioners including Rebecca Swindells in London and Thomas Bouvet in Paris spanning the United States, the United Kingdom, France, Germany, Spain, China, Hong Kong, Taiwan and Australia.

Key Matter:

Jones Day represents semiconductor innovator Micron Technology in its international trade secret litigation asserting trade secret and RICO claims against Chinese state-owned enterprise Fujian Jinhua Integrated Circuit Co., Ltd.  Jones Day established U.S. jurisdiction over the foreign actors whose misappropriation of Micron’s DRAM technology took place primarily on foreign soil. Jones Day represents Micron as a victim in the U.S. government’s ongoing criminal trial against Jinhua. Jones Day previously represented Micron in its lawsuit against co-defendant UMC who confessed to criminal trade secrets misappropriation in October 2020, paying a $60 million criminal fine and settling Micron’s civil case for a confidential amount. 

The ongoing criminal trial began in February 2022. The dispute has received attention from the White House, the US Commerce Department, the US Department of Justice and worldwide press. The cross-border litigation attacks a conspiracy between Taiwan-based United Microelectronics (NYSE: UMC) and Chinese state-owned enterprise Jinhua to misappropriate Micron’s DRAM technology, expediting China’s DRAM market entry as part of China’s “Made in China 2025” plan. 

Clients:

Qualcomm Incorporated; Micron Technology, Inc.; MedImpact Healthcare Systems, Inc.; Velodyne Lidar, Inc.; Catcher Technology Co., Ltd.; GreatCall, Inc.

Overview:

Kirkland & Ellis’ Trade Secrets Litigation Practice Group “has some amazing litigators” representing plaintiffs and defendants in trade secrets matters in diverse industries, with significant victories for clients in federal and state courts and arbitrations. Mike De Vries in Los Angeles is recognized as a leading lawyer by peers. Nicola Dagg leads a London team including partners Daniel Lim and Steven Baldwin. The trade secrets practice draws on the firm’s strengths in intellectual property and commercial litigation  grounded in extensive jury and bench trial experience and the appellate practice. The team works with law enforcement agencies and others to litigate a spectrum of trade secret disputes, from outright theft to violation of agreements, including employment, R&D, joint development, technology transfer and know-how agreements. 

Key Matter:

A Kirkland team of John O’Quinn (D.C), Adam Alper (San Francisco), Jon Carter (New York), Mike De Vries (Los Angeles), and Jason Wilcox (D.C.) represents teleco Motorola Solutions, Inc. (Motorola US) and its subsidiary, Motorola Solutions Malaysia Sdn. Bhd. (Motorola Malaysia), in multiple, separate complaints alleging patent infringement, misappropriation of trade secrets, and copyright infringement against Hytera Communications Corporation Ltd., Hytera America, Inc., and Hytera Communications America (West), Inc. Hytera, was a Chinese distributor for Motorola products until it became a supplier of analog radio products. With analog radio obsolete, Hytera developed its own two-way radio communication systems by illegally employing Motorola's technology and know-how.

In February 2022, a federal indictment charged Hytera with conspiracy to commit trade secret misappropriation and charged Hytera and certain individuals associated with Hytera with possession or attempted possession of Motorola’s trade secrets. In China, the parties have commenced multiple IP and antitrust litigations and patent invalidation proceedings. Kirkland’s Asia litigation team coordinates with counsel in the U.S., Australia and Germany on facts and procedural issues and leads Motorola’s litigation efforts in China by instructing and directing local counsel. 

Clients:

Byrna Technologies; Comet Technologies USA; LivePerson; Medidata Solutions; MicroPort Scientific Corporation; Motorola Solutions; The Trizetto Group.

Overview:

Latham’s trade secrets team, noted by peers for the strength of their US practice and as a leading contender globally, pursue emergency and expedited proceedings protecting clients’ critical trade secrets and in claims of misappropriation. The team draws on the firm’s technology and trial experience in litigating trade secret disputes from both sides. Latham is experienced in litigating trade secret cases through adjudication in all forums—including state and federal courts, arbitration centres, and the International Trade Commission—through all stages, including appeal.

The firm adopts a rapid and muscular legal response to mitigate loss of trade secrets damage, recoup losses, and signal the client’s intent to safeguard its valuable intellectual property from future attacks. “They have got some meat eaters. No question their people know what they are doing,” says a rival client. Latham & Watkins regularly secures emergency remedies such as temporary restraining orders and preliminary injunctions and frequently represents clients in theft matters and has obtained sizeable judgments, seizures, and emergency remedies to preclude further use and disclosure of trade secrets.

Team Overview:

The trade secrets practice is led by partners Daniel Scott Schecter and Bob Steinberg in Century City, Los Angeles. The team helped South Korean battery maker LG Chem reach a US$1.8 billion settlement in a trade secrets dispute against local rival SK Innovation after a dispute at the US ITC that threatened the development of the battery industry in the United States and attracted the intervention of US President Joe Biden and the South Korean government. Menlo Park trade secrets partner Doug Lumish is defending Facebook owner Meta in an artificial intelligence secrets case.

Key Matter:

Latham & Watkins attorneys Kevin Wheeler in DC and Hui Xu in Beijing represent Senior Technology in its ongoing dispute with competitor Celgard relating to lithium-ion batteries. The global dispute includes two US district court litigations, litigation in the United Kingdom, and two litigations in China.

Clients:

CCC Intelligent Solutions, LG Chem, Meta, Shenzhen Senior Technology Material, Skyryse.

Overview:

Paul Hastings is a “very strong firm” of choice for the most complex cross-border and international trade secrets counselling, investigations and litigations involving both civil and criminal components. The trade secrets team is frequently called upon to deal with high-stakes, time sensitive matters with international components requiring specialist expertise and deep experience.

Team Overview:

Utilising a network of experienced trade secrets lawyers in Asia, Europe, and North America, the team guides clients through complicated matters wherever they do business, making the trade secrets team one of a select few adept at dealing with civil misappropriation and criminal theft of trade secrets involving overseas conduct and actors. The team regularly navigates complex issues such as choice of law, extraterritoriality, comity, and parallel foreign and domestic trade secret investigations and proceedings for clients around the globe.

Jeff Pade in DC is an IP litigator with over 25 years of experience in all phases of intellectual property disputes, specialising in difficult trade secrets matters. He directs complex and high-stakes civil and criminal trade secrets litigations concerning diverse technologies for clients around the globe. He is “extremely knowledgeable, has first hand experience and has been doing it for decades, both litigation and advice work”.

Victoria Cundiff is a global trade secrets practice leader based in New York. She is “an extremely capable bet the company lawyer” and “clearly respected as a thought leader on trade secrets matters”. She has 40 years of experience with clients including emerging companies, joint ventures, and Fortune 50 companies in industries including software, media and financial services. Cundiff is the current chair of the Sedona Conference Working Group 12 on Trade Secrets and regularly speaks at MIT’s Sloan School on trade secrets and innovation.

Key Matter:

US and China Paul Hastings team, including Pade, is representing defendants TikTok and ByteDance in a global dispute against Chinese company Beijing Meishe Network Technology Company. The dispute involves Chinese copyrights of purported trade secret source code that Beijing Meishe alleges has been improperly incorporated into both the popular TikTok application and its Chinese counterpart, Douyin.

This matter is unique because the plaintiff, a Chinese entity, is attempting to enforce US trade secrets laws against a US entity for activities and alleged harm that occurred in China. The case is particularly significant given that it involves multiple parallel and related US District Court and Chinese actions concerning functionality of one of the most popular mobile phone applications, making it global in scope, highlighting the breadth of Paul Hastings’ IP practice on complex international trade secrets disputes.

Clients:

EVRYTHNG (now Digimarc), Bloom Energy, Zimmer Biomet, DivX, Samsung Electronics Co. and Samsung Electronics America, TikTok and ByteDance, Daiichi Sankyo Co, Mitsubishi Tanabe Pharma Corporation.