USA Trade Secrets 2024

Procopio

Firm overview:

Highly active in trade secrets litigation within California federal courts, Procopio has an excellent track record of obtaining injunctive relief for clients. The mid-size firm advises businesses on best practices for protecting their “secret sauce”, as well as counselling early stage companies on how to innovate without misappropriating trade secrets.

Clients benefit from Procopio attorneys’ in-depth knowledge of computer forensics, electronically stored information and matters surrounding employee departures. The firm has represented clients that include leading online platforms, semiconductor fabricators, consumer tea companies and medical supply retailers.

Team overview:

Procopio has 12 partners and three other lawyers with a significant trade secrets practice. They are based in California but represent clients nationwide, including foreign-owned corporations.

Practice leader Mindy Morton, ranked as a ‘Recommended’ individual this year, focuses her practice on high-stakes trade secrets litigation, as well as in the areas of healthcare, technology and internet law. Recognised nationally as a leader in trade secrets law, Morton is a frequent speaker for the AIPLA, AVA and Sedona Conference, and has been writing articles on identifying trade secrets—a critical issue in California—for two decades.

Key matters:

  • Charles Williams as assignee of Kedar Integration Services, D/B/A Kedar Integration Technologies v ServiceNow

Procopio represents ServiceNow, a software-as-a-platform company in an ongoing matter in which it is accused of using confidential and proprietary information shared in a video conference. Procopio’s motion to dismiss, currently pending, included a novel argument that the trade secrets claim was time-barred because the plaintiff’s claimed lost business should have put the plaintiff on notice of the alleged trade secrets claims.

  • Destinations Medical Spa v Evans, et al

Plaintiff Destinations alleges various claims including those related to trade secrets, and claims millions of dollars in damages. A Procopio team led by Mindy Morton and Jacob Poorman represents the defendants, who will file a second motion to dismiss on the basis that Destinations has not properly alleged that reasonable measures were taken to protect the secrets.

Clients:

Sartori Medical Aesthetics, ServiceNow