USA Trade Secrets 2024

Foley Hoag

Firm overview:

Peers say Foley Hoag is “very highly regarded” with a “well-served reputation”. The Boston-headquartered firm has a dedicated Patent, Trade Secrets and Related Rights Litigation Practice, and understands the complex interplay between IP and employment law.

Its trade secrets capabilities span diverse sectors from life sciences to sustainable building products, and it has substantial expertise in litigating complex IP disputes.

Foley Hoag’s seasoned team advises clients on safeguarding trade secrets through measures such as employee training and audits, as well as representing them in high-stakes disputes. The firm’s strategic approach to cases starts with how it builds the team, which tends to be leanly to ensure that every member is immersed in the subject and focused on the outcome.

Clients range from individual executives accused of trade secret theft, to large biotechnology companies implicated in the misappropriation of IP following a collaboration.

Team overview:

Foley Hoag’s Trade Secrets practice is spearheaded by veteran partners Barbara Fiacco, Jeremy Younkin, Allison Anderson and Robert Haney.

Fiacco, recognised as one of WIPR’s Influential Women in IP for 2024, “knows her stuff and is very good” according to a peer. A first chair patent and trade secrets litigator, she is co-chair of the firm’s IP department, and co-chair of the Patent, Trade Secrets and Related Rights Litigation Practice.

Fiacco represents life sciences and research institutes in complex IP matters and regularly speaks on topics related to trade secrets. Fiacco enters these rankings as a Recommended individual.

Fellow co-chair of the Patent, Trade Secrets and Related Rights Litigation Practice, Younkin has represented clients in federal and state courts as well as before the International Trade Commission (ITC). Significant victories for clients include representing Sig Sauer in a trade secrets dispute relating to a firearm part, which resulted in the plaintiff voluntarily dismissing its complaint against Sig Sauer with prejudice.

Key matters:

  • Amyndas Pharmaceuticals v Alexion Pharmaceuticals

Foley Hoag obtained a court order for client Alexion in this trade secrets case, requiring Amyndas to provide a detailed list of the allegedly misappropriated trade secrets and made a 30(b)(6) witness available to testify on the trade secrets allegations before full scale discovery began.

  • Foley Hoag secured a complete victory in a trade secrets case for client Sig Sauer after the plaintiff agreed to dismiss its complaint with prejudice during the early stages of discovery.
  • A Foley Hoag litigation team consisting of Allison Anderson, Jim Bucking, Beth Neitzel, Leah Rizkallah, Rachel Kerner, Marissa Mugan, and Carla Nigro prevailed on an appeal of a multimillion-dollar trial verdict on behalf of client BioPoint in August 2024. BioPoint won more than $5 million and was awarded more than $2.5 million in legal fees after it was found that competing consulting firm Catapult Solutions took BioPoint’s trade secret and confidential information.

Clients:

Alexion Pharmaceuticals, BioPoint, CVS, Krystal Biotech, Sig Sauer