Morgan Lewis & Bockius

Firm overview:

Morgan Lewis 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. Many of the team have advanced degrees in scientific and technical disciplines, with knowledge-sharing enabling attorneys to quickly grasp clients’ products and services.

The practice is on standby to swiftly and aggressively assist with protecting clients’ trade secrets when needed, and is able to handle 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 has 72 partners with a significant trade secrets practice, and a further 51 other lawyers working in the area. As well as the major US hubs, the firm has trade secrets lawyers based in Beijing, Dubai, London, Shanghai, and Tokyo.

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.

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

In January 2023, USI filed suit against Alliant and certain insurance producers and account executives. Its claims included breach of contract, and allegations that the defendants improperly acquired and used confidential information.

After expedited discovery, a PI hearing was held, and in December 2023 the court denied USI’s motion for a PI in its entirety, agreeing that Alliant’s conduct was “consistent with legitimate competitive purposes”.

Seth Gerber is lead counsel in defence of the claims and a jury trial is scheduled for July 2025.

The team is: Seth Gerber (partner, Century City), Timothy Stephens (partner, New York), Debra Fischer (partner, Century City), Adam Wagmeister (partner, Century City), Lorraine Casto (of counsel, Century City), Jeffrey Arrington (of counsel, Century City), Andrew Ahn (associate, Century City), Johnathon Bramble (associate, Houston/Dallas) and Tammy Lee (associate, San Francisco).

The case is USI Insurance Services, LLC v Alliant Insurance Services, LLC et al, United States District Court for the District of Arizona, 2:23-cv-00192.

• 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 four 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, LLC—Pacific Series et al v Alliant Insurance Services, Inc. et al, US District Court for the Western District of Missouri, 23-cv-00705.

Clients:

Alliant Insurance Services