Top US trade secrets firms and lawyers recognised in national rankings first

WIPR’s inaugural USA Trade Secrets Rankings build upon Global Rankings | Listing highlights firms and individuals at the top of their game | Rankings are a response to the rise of trade secrets as a practice area, especially in the US.

WIPR Insights has launched its inaugural USA Trade Secrets Rankings for 2024, which recognises the leading law firms and lawyers at the forefront of trade secrets law in the US.

The USA rankings, launched officially on December 2, include the best of the national and regional firms and lawyers alongside global specialists included in the Global Trade Secret Rankings (now in its second year).

“Trade secrets are the most intangible of intangible assets,” said rankings editor Baron Armah-Kwantreng. “Even now, far too many major corporations and promising start-ups have not yet identified their most valuable assets, let alone put a strategy in place to protect their trade secrets.”

The rationale behind this new category of rankings is partly a response to the increasing frequency of trade secret litigation in the US. Hardly a day goes by without news of a case involving alleged or proven trade secrets theft.

Some emerging cases have seen astronomical payouts, sometimes only to be overturned on appeal. The highest profile of these was Appian v Pegasystems, in which a Virginia appeals court reversed the record $2 billion judgment declaring that the trial court’s handling of the case was fundamentally flawed.

Responding to the sheer volume of cases and discourse surrounding this practice area, WIPR ran a Focus on Trade Secrets during the month of November, when we published extra coverage of the latest litigation, plus interviews with—and op-eds from—trade secrets experts at the top of their game.

The FTC's controversial rule

A major development in 2024 in the US trade secret landscape included the controversial proposal by the Federal Trade Commission (FTC) of a ban on non-compete agreements, which would have affected approximately 30 million workers nationwide.

The ruling, issued in April 2024, aimed to promote competition, protect the freedom of workers to change jobs, increase innovation, and foster new business formation.

But the rule was swiftly opposed by the US Chamber of Commerce and a coalition of organisations, who had promptly sued to block the ban, arguing that the ban exceeded the agency’s authority. The rule was consequently halted by a Texas district court in August.

It remains to be seen whether president-elect Donald Trump will uphold the (Trump-elected) district judge’s finding, although it is expected he will clip the FTC’s wings; this view is in line with his previous campaign history, which indicates a preference for restrictive employment clauses.

“As WIPR’s Global Trade Secrets 2024 rankings illustrate, trade secrets law is a global phenomenon, with resonance in the key geopolitical fault lines across the world," explained Armah-Kwantreng. "But nowhere in the world are there as many active full-time or near full-time trade secrets attorneys as in the United States.”

Research and findings

The rankings research process involves sifting a combination of WIPR’s independent desk and telephone research, interviews with leading partners, written submissions sent by the firms, and written and interview feedback from client referees nominated by the firms.

Researchers assessed law firms and lawyers on their expertise in key areas of trade secrets law, including litigation, counselling, and policy advocacy. Also taken into account was their experience in high-stakes litigation, innovative approaches to protecting confidential information, and commitment to staying ahead of emerging challenges.

“Grandfather of this industry” James Pooley retains his title from the Global Trade Secrets Rankings title as a senior statesperson.

Pooley is joined by the “brilliant” Victoria Cundiff, who retired from Paul Hastings in 2023 but continues to be active as a trade secrets leader, lecturer, speaker, author, mentor and strategist.

The rankings combine ‘Big Law’ firms with the smaller, boutique firms that are punching above their weight.

Outstanding firms on the list are Jones Day, Kirkland & Ellis, Latham & Watkins, and Paul Hastings. Those firms’ related individuals are ranked ‘Outstanding’ too: Randy Kay, Michael de Vries, Doug Lumish, and Jeff Pade, respectively.

A handful of firms on the list share roots in Silicon Valley’s birth and expansion—firms that began as technology specialists, but grew alongside the tech pioneers of California, thus becoming early specialists in trade secrets practice.

For example, Goodwin, Wilson Sonsini (Highly Recommended), Cooley, and Morrison & Foerster (Recommended).

Young firms that have made their mark in a short timeframe include Bailey Cavalieri, which was formed in 2003 but has already been ranked widely for trade secret expertise.

And among the small firms that made it to the list include ND Galli, which is certified as a Women’s Business Enterprise and represents an exceptional depth of knowledge on trade secrets matters. The firm has been involved with “significant matters in recent years including several that raised novel questions of law under the Defend Trade Secrets Act”.

A patchwork of legislation

The Defend Trade Secrets Act (DTSA) brought a patchwork of different state legislation into federal law only as recently as 2016. As one commentator told WIPR, “the trade secrets bar is still in its formative stage”.

The DTSA established the requirement for trade secrets owners to take reasonable measures to protect them. Since then, any court in America will expect a trade secrets plaintiff to demonstrate how they have taken these reasonable measures to protect their trade secrets, or to avoid infringing a competitor’s trade secrets.

“The notion of trade secrets, and their theft, is ancient history. The cotton industry in the United States was built on stolen British cotton loom designs, for example. However, current trade secrets law is a relative newbie.”

For example, the Sedona Conference, led by pioneers in the field like James Pooley and Victoria Cundiff, is laying the groundwork for knowledge sharing among trade secrets practitioners. Its instruction booklet to judges in trade secrets trials was published this year, and an instruction booklet is due in 2025.

Armah-Kwantreng added: “The United States is the epicentre of global trade secrets law. Nowhere else on the planet has so many full-time trade secrets lawyers working on so  many cases, with so many high-value jury verdicts.

“WIPR’s inaugural USA Trade Secrets 2024 rankings spotlights the leaders in their field in the most dynamic area of IP rights. The risk for Corporate America is that boardrooms and general counsel and IP counsel have yet to fully engage with these legal leaders on the protection of their companies’ most vital assets.”

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