JONES DAY PRESENTS®: Effective Collaboration in Trade Secret Litigation
Jones Day partners Dr. Christian Paul, Steve Zadravecz, Thomas Bouvet, and Andrea Weiss Jeffries explain what companies that rely on business-critical trade secrets should understand about effectively litigating trade secret-related matters, and why successful client representation often extends beyond intellectual property law and requires cross-practice collaboration.
Read the full video transcript below:
Dr. Christian Paul:
It's essential that you cooperate with your colleagues abroad, not only in other jurisdictions, but also in other practices. If you want to make a successful case, and if you want to enforce your rights, you need to draw the talent from the folks that actually come into play. So get the technology input, get litigation, knowledge, good lawyering on the whole aspects of the case. If you really want to bring your case home.
The employment practice is usually brought into a trade secrets matter, when an involves in an employee. Either the employee is leaving and it's taken data, or there's been an allegation that an incoming employee, a group of employees have taken certain information improperly from a competitive company. So while we're dealing with employee movement and employee taking of data, we often need to consult with, for example, IP Practice Group.
My practice is IP litigation, mainly patent litigation and trade secret litigation. But in handling trade secret matters, we usually have to elaborate with other practices. This includes first some of our patent attorneys for their technical skills, but also other practices such as labor law, arbitration practices, and sometimes even criminal law.
We have had cases that the client wants to press forward with both criminal charges and civil charges at the same time. That can be very complicated navigating the criminal aspects and interacting with the FBI, and the Department of Justice. So the great part of our firm is that we have those resources available who have great connections with federal authorities, and the FBI to both meet the client's objectives in pressing forward sometimes in criminal matters, and in civil matters.
Andrea Weiss Jeffries:
It's as easy as picking up a phone. We work very well together and we are used to working on a very rapid basis. In the case, for example, where we do have to go in and get a temporary restraining order, we can pull together a team very, very quickly and act very quickly.
Dr. Christian Paul:
It's great fun because it expands your reach in your own jurisdiction. It requires of course, that you trust your colleagues, that you know they know what they're doing, and that they're good at what they're doing. That is something which we can rely on. But it means indeed that you have a good understanding of what value your colleagues can add in other jurisdictions, what procedural tools might be available, and how to best employ that in the case at hand.
To view all of our JONES DAY PRESENTS® Trade Secret videos, please click on the playlist below.
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.