We have handled a variety of trade secret and intellectual property claims, including, for example, the following:
- Representation of developer and licensor of digital signage platform in action against exclusive sales agent for breaches of fiduciary duty and confidentiality and trade secret theft. Litigation involved an order to show cause to enjoin the sales agent’s solicitation of customers. Successfully defeated sale agent’s motion to dismiss. Engaged in aggressive discovery which led to successful resolution.
- Prosecution of game show format developer’s claims against show producer in connection with dispute over royalty revenue sharing. Successfully defeated motion to dismiss. Engaged in highly adversarial discovery. Successfully defeated motion for protective order and obtained sanctions against counsel in connection with her dishonest conduct and gamesmanship. Matter settled immediately thereafter on very favorable terms.
- Defense of 42 shipping and packing store franchisees and their owners against claims by former store owners that the 42 stores, the corporate franchisor, and the corporate parent had engaged in an organized campaign of misrepresentations to customers that had led to the demise of the claimants’ stores in violation of the Lanham Act’s prohibition on false advertising. Litigation involved two motions to dismiss that ultimately narrowed a blunderbuss complaint to the Lanham Act false advertising claim. Coordinated the defense of the 42 stores and their owners with the defense team of the corporate parent and the franchisor. Handled the intake and fact gathering with respect to the stores and store owners. Handled the collection and review of massive amounts of data and documents. Successfully petitioned federal magistrate judge for limitations on discovery of the stores and their owners, including limiting discovery to only three store owners on nearly all approved requests. Defended numerous depositions. Developed the strategy for the deposition of plaintiffs’ key witness, a private investigator who had attempted to record the purported wrongful conduct at each store. Worked closely with co-counsel to successfully dismiss all claims on summary judgment.