Employee Mobility and Trade Secrets

Trade secrets and intellectual property are among a company’s most valuable assets. But with fierce global competition for top talent between competitors resulting in increased employee movement and immediate pressure to perform—coupled with the technological ease by which data can be compromised—safeguarding confidential information has become more challenging than ever. Companies must take a proactive, strategic approach. We can help.

Helping Clients Protect Their Most Valuable Data

Paul Hastings was one of the first global firms to establish a dedicated Employee Mobility and Trade Secrets (EMATs) practice—and we continue to be a leader in this space.

With an impressive record of wins, including successful jury trials and arbitrations, our EMATs practice works relentlessly to deliver results for our clients. From protecting entrepreneurs’ confidential information to aggressively prosecuting or defending against cases of alleged data theft, we bring deep experience to all sides of these critical issues.

  • Tier 1 firm for Trade Secrets Litigation -- every year since 2015

    ─ The Legal 500 US

A Unique Employee Mobility and Trade Secrets Practice

  • We develop and implement tailored data protection strategies to minimize risk, drawing on our team’s deep subject matter expertise and decades of experience.

  • Our team advises clients ranging from startups to Fortune 50 companies on all aspects of data protection and recovery—helping even the most sophisticated companies use technology to build state-of-the-art data protection programs, and implement policies and practices that help detect and resolve potential data theft early on.

  • We are strategic case litigators who understand the technology—and who regularly represent both plaintiffs and defendants in cases before judges, juries, and arbitrators, as well as handling matters on appeal.

  • Members of our team have successfully represented clients with diverse products and technologies, including metal-organic chemical vapor deposition, speech recognition, virtual reality, photovoltaic solar panels, bi-directional charging/vehicle-to-grid (V2G) charging, investment algorithms, ride-sharing automation, specific video game mechanics, defense technologies, oncology instrument and reagent technology, genetic testing methodologies, and other life sciences innovations.

  • Our team’s experience encompasses a deep technical understanding of computer forensics and how “0s and 1s” can be mined for purposes of detecting data theft and related threats to intellectual property.

Client Successes

  • Represented the world’s largest ride-sharing company in a high-profile trade secret case filed by its leading competitor.

  • Secured a jury trial victory for an American aircraft company in a suit brought against three former employees involving breach of patent and confidentiality agreements.

  • Successfully defended a game developer as lead trial counsel in the largest trade secret case in the history of social gaming.

  • Represented a major videogame publisher in a high-profile “Modern Warfare” EMATs case stemming from the departure of 42 video-game employees to Electronic Arts.

  • Represented a major manufacturing company in a trade secret dispute involving senior executives accused of misappropriating highly technical and valuable trade secrets, and trying to commercialize the technology as their own through a Chinese company funded by Chinese investors.

  • Represented a fiber optic cable manufacturing company in a high-profile EMATs case.

  • Represented a life sciences company in multiple EMATs cases related to its oncology instrument and reagent technology. We have also represented numerous clients across industries in every variety of non-compete and non-solicit cases.

  • “They are solution oriented rather than providing descriptions of the issues only. They are practical and help evaluate risk of imperfect situations.”

    ─ The Legal 500
  • Labor & Employment Law Firm of the Year

    ─ The Legal 500 US

Recognition For Our EMATs Practice

  • Ranked Band 1 for Labor and Employment Nationwide and in California – Chambers USA

  • Ranked Tier 1 for Labor and Employment Disputes (Including Collective Actions) – The Legal 500

  • Tier 1 in National Litigation Labor & Employment – Best Lawyers

  • Ranked Tier 2 for Trade Secrets – The Legal 500

  • Ranked Tier 2 for Labor & Employment – The Legal 500

  • Recognized for Nationwide Labor and Employment Law – Chambers USA

  • “They are solution oriented rather than providing descriptions of the issues only. They are practical and help evaluate risk of imperfect situations.” – The Legal 500

  • “They offer top legal strategy, they’re organized, responsive and offer excellent client service. They have a strong diversity of expertise and a deep bench of talent.” – Chambers USA

A Deep Bench of Expertise

When needed, our EMATs lawyers often work with lawyers in other practice areas including:

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