White & Case

Firm overview:

A peer highly recommends White & Case for the “incredibly complex space” of trade secrets litigation. As a testament to the firm’s expertise, it regularly acts for some of the biggest names in technology and media, such as TikTok/Bytedance, X, Snap, Microsoft, Trend Micro, Yahoo! and HTC.

The firm has built up a track record of success in the most active federal district courts, as well as appellate courts and in arbitrations and before the International Trade Commission. White & Case is one of a select group of firms that have the global reach and breadth of expertise to handle civil misappropriation and criminal theft of trade secrets involving overseas conduct and actors.

Team overview:

White & Case has a global network of IP lawyers in Asia, Europe and the US. Global head of IP Yar Chaikovsky joined the firm in 2023 from Paul Hastings along with 15 other IP lawyers, and he brings decades of experience as lead trial counsel for many preeminent global technology companies in their most important disputes. A peer says Chaikovsky is “first and foremost a patent litigator” but “very capable in trade secrets and has had substantial matters”.

A client says the representation they have received from Chaikovsky, Philip Ou and Andrew LeGolvan on various matters has been “exemplary”, adding that they are “consummate professionals, steely advocates and they don’t back down from unchartered territory or novel issues”.

Silicon Valley partner Ou manages highly complex technology IP disputes, from case inception to trial/hearing and appeal. A counsel in the same office, LeGolvan is a top-ranked IP litigator who has particular experience in artificial intelligence, blockchain and gaming.

In Washington, DC, trial lawyer and partner Michael Songer focuses primarily on trade secrets, patents and complex commercial disputes. Songer has been involved in many high-profile cases, including being lead trial attorney for DuPont in a precedent-setting trade secret case that resulted in a $920 million damages verdict.

Notable additions to the team over the past 12 months include Washington, DC partner Adam Greenfield who joined from Latham & Watkins; Mark Davies (partner, Washington, DC) who joined from Orrick; and Chicago partner Melissa Anyetei, formerly at 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