USA Trade Secrets 2024

Jones Day

Firm overview:

Jones Day earns its top-tier ranking for the second year running, continuing to demonstrate its forte in cross-office collaboration and a cross-border approach to trade secret litigation. Recognised as among those firms most “adept at handling complex global trade secrets matters”, a global network of IP lawyers collaborate with peers from the labour and employment, appellate, business litigation, cybersecurity, antitrust, appellate and global disputes practice areas.

The firm handles a large docket of trade secret cases, including an increasing concentration of multi-jurisdictional matters, employee theft of data, failed collaboration cases, and arbitrations of trade secret disputes. Industry sectors include technology, telecommunications, semiconductors, software, life sciences, healthcare, and industrial manufacturing. Key types of work include disputes arising from failed collaboration agreements and other business deals, employee mobility matters, cybersecurity attacks, data breaches, and claims of criminal theft.

Team overview:

Randall (Randy) Kay is the linchpin in Jones Day’s trade secrets global practice, with more than 30 years’ experience as a technology lawyer and an international reputation as a trade secrets tour de force. As global chair of trade secrets, California-based Kay coordinates a large, international team of trade secrets practitioners spanning the US, UK, France, Germany, Spain, China, Hong Kong, Taiwan and Australia. Kay is habitually named among the leading trade secrets lawyers in the world.

Key matters:

  • MedImpact Healthcare Systems, et al v IQVIA et al
    In this blockbuster international trade secret dispute, Jones Day won summary judgment and defeated a retaliatory trade secret lawsuit for global healthcare company MedImpact Healthcare Systems against competitors in Dubai. The California district court’s precedential decision declared San Diego-based MedImpact’s trade secrets as protectable, and that IQVIA’s accused product used trade secrets misappropriated from MedImpact.

    Navigating thorny pleadings and evidentiary issues, and myriad rounds of summary judgment motions filed by both sides, the team, led by Randy Kay, engaged in two years of international discovery and achieved successful outcomes in multiple rounds of jurisdictional fights, summary judgment motions and Daubert challenges. With more than $100 million at stake, the matter was settled for an undisclosed amount in February 2023.

    Kay’s team comprised Jennifer Bennett (partner, San Francisco), Cary Sullivan (partner, Irvine), Nick Hodges (associate, San Diego), Alyssa Orellana (associate, San Diego) and Kevin Ganley (associate, San Diego).

Clients:

Qualcomm, MedImpact Healthcare Systems, Velodyne Lidar, Catcher Technology Co, Modoral Brands.