Intellectual Property Litigation

Trade Secrets Litigation

Farella’s intellectual property lawyers are well-versed in the challenges of highly-competitive, technology-driven enterprises. Rapid technological innovation and employee mobility combine to make trade secrets critical business assets, and we are often called upon to defend or prosecute claims for misappropriation. We have extensive experience resolving trade secret and employee mobility disputes, whether through litigation, settlement, or mediation.

Clients from Large to Small

Our clients include Fortune 100 corporations, small-to-mid cap companies, emerging and privately held companies, and entrepreneurs.

From smaller, dynamic players in the emerging growth, entertainment and wine industries to publicly traded, well-known major corporate names in technology and consumer products, we are equally adept working with substantial in-house legal teams or smaller companies with limited or no in-house resources.

Nimble, Direct, Experienced

We strive to obtain quick and efficient results for our clients. Our team includes intellectual property litigators, white collar criminal defense lawyers, and employment law specialists, enabling us to handle all types of trade secret disputes. We have experience with claims involving the alleged theft of source code, website designs, client lists, marketing strategies, and other technology assets and business processes.

Farella lawyers have long been on the forefront of emerging litigation strategies in trade secret disputes, having successfully defended Visa International in one of the first cases in the country tried under the inevitable disclosure trade secrets doctrine. We are intimately familiar with the local courts and judges in Northern California, and also represent clients in federal and state courts across the United States.

Our trade secrets team includes lawyers with engineering or technical degrees and lawyers who specialize in damages law. Our expertise enables us to effectively convey complex technical concepts to judges, juries, arbitrators, mediators, and other parties. Our client teams are smartly-staffed and nimble—led by one or more Farella partners who remain actively engaged in every facet of the case.

Professional Involvement

Farella’s Trade Secrets team is committed to our clients’ success. We extend that commitment through our participation and contributions to thought leadership in top industry groups, including the Association of Business Trial Lawyers, the Bar Association of San Francisco Intellectual Property Section, and the San Francisco Chamber of Commerce.

Firm Highlights

Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Event

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

Join Stephanie Skaff and Erik Olson in the discussion on "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has...

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News

Katherine Philippakis Named Among the Top Women Lawyers in California by Daily Journal

Farella Braun + Martel is proud to announce the selection of partner Katherine Philippakis to the Daily Journal ’s 2022 list of California’s "Top Women Lawyers." The annual list honors the achievements of leading...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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