Dechert

Firm overview:

Dechert, a full-service US firm with international offices in Europe, the MIddle East and Asia  has operated a robust global trade secrets practice with an impressive docket of cross-border disputes.

Premium clients report that the firm has “the global reach and understanding” to offer a full range of trade secrets protection services and defence against misappropriation allegations, often involving geopolitical sensitivities.

Dechert counsels its clients to abide by the saying that “an ounce of prevention is worth a pound of cure,” with a strong focus on internal controls to protect clients’ trade secrets. But its attorneys aggressively seek emergency relief when necessary, and advise clients on responding to government requests for disclosure of trade secrets and proprietary information.

Litigation ranges from pre-emptive actions, employee raiding, unfair solicitation of clients and breaches of non-compete or nondisclosure agreements, to full-blown ‘bet the company’ actions between competitors. In addition, it regularly counsel clients on the criminal considerations and implications of such actions, especially for foreign corporations that are required to bring materials and data into the US as part of the litigation, and defend criminal actions.

In July 2024 the firm announced the closure of its Chicago, Beijing and Hong Kong offices, amid reports of a strategic focus on select financial centres.

Team overview:

Diane Siegel Danoff, a distinguished first-chair litigator, heads the global Trade Secret Litigation practice at Dechert, leading an eleven-strong team based in the US and UK. She has more than 35 years of practice covering trade secret, non-compete, trademark, patent, copyright, unfair advertising, and invasion of privacy matters. With multiple individual recognitions and awards, Danoff is a frequent speaker on trade secret law.

Danoff’s representative highlights include obtaining a favourable outcome for Microsoft and a prospective Microsoft executive in a non-compete/trade secret litigation by an international technology company against the executive.

She has also defended Tekni-Plex. in a patent, trade secret and trade dress case involving plastic tray technology used in products sold at Whole Foods, Trader Joe’s and other stores nationwide. Danoff obtained invalidation of all challenged patent claims before the US Patent Trial and Appeal Board (USPTO).

As these rankings went to press (September 2024), former financial crimes federal prosecutor Andrew Boutros moved from Dechert, where he was a partner in the Chicago office and regional chair of the US White Collar practice, to Chicago firm Shook, Hardy & Bacon.

At Dechert, Boutros handled cases of national and international significance both as a federal prosecutor and defence attorney. Clients and peers alike recognise Boutros for his expertise, efficiency and integrity. The impact of Boutros’ departure—and of the firm’s office closure programme—on Dechert’s global trade secrets practice remains to be seen.

Key matters:

Dechert’s Trade Secret Litigation team has handled a broad range of high-profile contentious successes.

• USA v Huawei Technologies
  In this ongoing, globally significant criminal prosecution of the Chinese multinational tech company by the US government, Dechert—led by former partner Andrew Boutros—represented Huawei as part of a multi-law-firm legal team. Huawei and several of its subsidiaries face allegations of racketeering (RICO), conspiracy, fraud, and other offences.
  
  The case has received an intense amount of media and political attention, as well as legal analysis, and is the subject of frequent Department of Justice, White House, and other US government commentary.
  
  The firm assisted with cross-border investigative work, including document review, witness interviews, legal research and analysis, and discussions with the US government.
• Ipsen Biopharm v Galderma Laboratories
  Dechert represented Ipsen Biopharm in an action for injunctive relief seeking an order to maintain the status quo and prevent Galderma Laboratories from misappropriating Ipsen’s confidential and trade secret information.
  
  The product at issue is QM-1114, an experimental, liquid formulation preparation derived from Botulinum toxin A (Botox) for the treatment of facial glabellar lines and lateral canthal lines. The case involves an international arbitration, which is pending a ruling.
  
  Dechert’s team included partners Katherine Helm, PhD (New York), Martin Black (Philadelphia), Eduardo Silva Romero (Paris, International Arbitration), Jose-Manuel Garcia Represa (Paris, International Arbitration), Amanda Antons, PhD (Chicago).
  
  Galderma Laboratories was represented by Kirkland & Ellis’ Dallas lawyers Ethan Levinton, Jeremy Fielding, Ruben Garcia and Stephen Fahey.
  

Clients:

Huawei Technologies, Ipsen Biopharm, Tekni-Plex.