USA Trade Secrets 2024

Crowell & Moring

Firm overview:

Crowell & Moring has a successful track record of managing large, complex trade secret cases across multiple disciplines, jurisdictions, and venues. For example, after a multi-year litigation effort and a two-month jury trial, the firm secured a $919 million verdict for plaintiff DuPont in a theft of trade secrets case related to KEVLAR fibre technology. This was one of the largest-ever contested verdicts in a trade secrets case.

The firm competes for marque engagements with, and works side by side, with top-ranking firms on trade secrets disputes. Crowell’s experience spans virtually every sector and industry of the economy, including developers of high-tech hardware and software; biotech and pharmaceutical companies and manufacturers; medical device companies; automotive and industrial automation manufacturers; and food and beverage companies.

It regularly enforces and defends actions in the US, Europe, and all other markets across the globe.

Team overview:

The firm’s interdisciplinary team of trade secret lawyers is led by Mark Klapow, Vincent Galluzzo, Astor Heaven, and Valerie Goo. Anne Elise Herold Li is also engaged in significant activity in this area, along with Paul Keller, who joined from Allen & Overy (now A&O Shearman) in April 2023.

Seasoned litigator Mark Klapow “is a terrific winning lawyer”, according to a major financial client, while a distinguished peer says that he “always seems to be on one of these big trade secrets cases”. One client’s reasons for choosing the firm was their “excellent success record with Mark Klapow; creative billing; terrific interpersonal skills.”

Galluzzo is a trial lawyer who focuses on high-stakes, multi-venue patent and trade secret litigation and appeals across a wide range of technologies. Highlights of his portfolio of trade secret experience include representing plaintiff DuPont in the $919 trade secret misappropriation case; and Derive Systems in a trade-secret and copyright-infringement action against several industry competitors and former employees relating to aftermarket computer software and hardware for improving the performance of automobiles.

Key matters:

  • BTIG v StoneX et al

Counsel for StoneX defending trade secret allegations in financial platform code seeking $200 million in damages. Pending in California state court. (2023)

  • C3.ai v. Cummins Engine Co.

Counsel for leading developer and provider of enterprise AI applications in trade secret dispute. Pending in Delaware state court. (2023)

  • MillerCoors v Anheuser-Busch

Counsel for MillerCoors defending trade secret allegations made by Anheuser-Busch related to the Bud Light corn syrup campaign launched for the Super Bowl. Dismissed by Wisconsin federal court. (2022)

  • AllRounds v Carta et al

Counsel for Carta (fka eShares) defending a trade secret and patent dispute over financial platforms for capitalisation table management, valuation, and trading. Plaintiff accepted a walk-away settlement after a California federal court struck more than half its patent case and in the face of summary judgment. (2022)

Clients:

Carta, CipherBlade, Cummins Engine, Mercantile Global Holdings, MillerCoors, StoneX, Stripe.