Latham & Watkins

Firm overview:

Noted by peers as among the leading capable firms in global trade secrets, Latham & Watkins draws on its technology sector experience and litigating trade secrets disputes on both sides of the ‘v’. The firm pursues emergency and expedited proceedings to protect clients’ critical trade secrets and to defend against claims of misappropriation.

The firm touts a “muscular legal response” to mitigate damage and recoup losses, and to signal clients’ intent to safeguard their IP. Prior to litigation, the firm assists clients in gathering technical evidence and to address potential employee breaches of protocols. Latham has obtained sizeable judgments and seizures, and frequently obtains emergency remedies, such as preliminary injunctions and restraining orders, to preclude further use and disclosure of trade secrets.

The firm also provides counselling, from prevention to litigation, to secure trade secrets and avoid facing trade secret claims in the first instance.

Team overview:

Doug Lumish is consistently mentioned as a leader in the field. A patent lawyer by trade, trade secrets now represents 60% of his practice. Lumish tries cases for the world’s leading technology and life sciences companies on their most important IP and technology-related litigation.

He was previously co-chair of the Bay Area Litigation & Trial Department, and global co-chair of the IP Litigation Practice. Lumish handles patent, trade secret, trademark, and copyright cases in district and Federal Circuit courts and before the International Trade Commission (ITC) and customs regulators. Lumish’s cases include acting for Facebook and parent company Meta against claims Facebook put another company’s AI secrets on an open source website.

Key matters:

• Moog v Skyryse, et al. Case no. 22-CV-187-LJV-JJM, Central District of California, October 4, 2022.
  Doug Lumish led a Latham team defending Skyryse, a maker of AI powered avionics systems for pilots, against claims by Moog, a worldwide designer, manufacturer, and integrator of precision control components and systems. Moog claimed that Skyryse and two former Moog engineers, Robert Alin Pilkington and Misook Kimm, stole Moog’s trade secrets via proprietary devices. The case was dismissed with prejudice, and each party was ordered to pay their own attorneys' fees. The Latham team included Lumish and Gabriel Gross. Moog's case was led by Shepherd Mullin partner Lai Yip.
• Arconic et al v Universal Alloy Corp. Case no. 1:15-cv-01466, US District Court for the Northern District of Georgia.
  Latham & Watkins’ New York partner Anthony Sammi, global co-chair of Latham & Watkins’ Technology Industry Group and a former global vice chair of the Intellectual Property Litigation Practice, represented Universal Alloy Corporation as lead counsel in a trade secrets misappropriation defence against aluminium smelter Alcoa Corporation, and successor companies Howmet Aerospace and Arconic Corp.

The case regarded aluminium alloy components, stretch formed spar chords (SFSCs), used to make aeroplane wings for the aerospace industry. Alcoa brought the case when it learned that Boeing was redirecting $200 million in spar chord sales to UAC, and sought $264 million in lost sales and unjust enrichment damages, resulting in a complete zero-liability jury trial win.

UAC was represented by Latham & Watkins, Skadden, Arps, Slate, Meagher & Flom, and Womble Bond Dickinson. Alcoa was represented by Reichman Jorgensen Lehman & Feldberg. Judge Boulee told counsel for the parties they had been "models of professionalism and competence" during the trial.

Clients:

ACS Carbon Solutions; Alloy Corporation; Aon; Arista Networks; Dalton; Envia; GoSecure; IML; Pharma Logistics; SS&C Technologies; Universal Alloy Corporation; Vade.