Baker Botts' Trade Secret Practice includes a multidisciplinary group of employment, commercial and tech-savvy litigators. One of the things that distinguishes us is our technical know-how - our IP Practice consists of over 180 lawyers and professionals with 220 technical degrees spanning every industry area – from software, semiconductors, telecommunications, and optics, to across the life science spectrum, as well as oil & gas, manufacturing, and defense contractors.
Understanding the intersection of technology and commercial business objectives, our lawyers team together to assist clients to protect against trade secret theft – we recommend being proactive about evaluations and audits and routinely install or upgrade our clients’ trade secret protection programs. For example, we evaluated a global Fortune 500 company's trade secret protection program to identify risks and exposure and developed a multi-phase approach to attack the effort by geographic region, which involves a detailed review of policies, procedures, template agreements and facilities.
Bottom line – we believe there are many things companies can do to increase their ability to protect themselves against the theft of trade secrets – before an employee leaves the company and shares potentially confidential information with a competitor, and before a trusted partner decides to stop cooperating and compete unfairly instead.
As needed, we also have the IP and litigation savvy to handle trade secret controversy and litigation.
Our Evaluation of Existing Trade Secret Programs Includes the Following Actions:
- Identification and categorization of relevant trade secret information by type and location
- Determination and evaluation of applicable laws by geography for available protection and requirements or compliance concerns, including the Defend Trade Secrets Act of 2016 (DTSA) and state trade secrets laws, the Computer Fraud and Abuse Act, and the Stored Communications Act
- Review of existing agreements and contracts, including employee handbooks, employment agreements, consulting agreements, non-disclosure agreements and the like
- Audit of current practices and procedures, including recruiting and initiation of new employees, training of existing employees, exit interview of departing employees, access for visitors, and enforcement of known violations
- Inspection of selected facilities for appropriate physical measures and IT infrastructure security to protect against unauthorized access to and disclosure of trade secret information
- Development of recommendations based upon the results of this investigation for a corporate-wide intellectual property program, as well as site-specific protocols based upon applicable laws
Our Full Range of Services Include:
Trade Secret Counseling
- Trade secret protection programs
- Current employee training and management
- New and existing employee management
- M&A management
- Joint-venture management
- Technology and asset transfer management
- Investigating potential trade secret theft
- Forensic investigation and preservation
Trade Secret Controversy
- Investigating and responding to accusations of theft by 3rd parties
- Crisis management and coordination
- Reporting requirements: Government contractors and data breaches
- Criminal investigations: offensive and defensive
- Preliminary legal relief – TROs and PIs
- State and federal court litigation
- Litigation at the International Trade Commission
- Internal communications and external PR management
Contacts
News
Baker Botts Intellectual Property Practice Makes A Mark in Legal 500 USA and Chambers USA
How Baker Botts Won a Four-Week, in-Person Trade Secrets Trial
Texas LawyerTexas Lawyer
Jury Clears Dril-Quip, Engineer of Liability in Trade Secrets Trial — Updated
Texas Lawbook, TheTexas Lawbook, The
Baker Botts Continues to Expand West Coast IP Practice with Addition of Prominent Partner
Twelve Baker Botts Lawyers Recognized as ‘Lawyers of the Year’ in Best Lawyers 2021
Strategies for Building Successful IP Portfolios for Artificial Intelligence Inventions
Law.comLaw.com
Baker Botts Welcomes Prominent Technology-Focused Trial Lawyer to San Francisco Office
Startup Fights Paper's Bid To Unseal Records After $706M Win
Law360Law360
Thought Leadership
Misappropriation of Trade Secrets
Speeches & Presentations2021 Annual Fall Institute on Intellectual Property Law
For Good Reason: “Reasonable Measures” in Recent Trade Secret Law
Client UpdatesIntellectual Property Report
Welcome Published Guidance on Trade Secrets and Employee Mobility: Hooked Media Group v. Apple
External ArticleThe Recorder
IP Overview: Design Patents and Trade Dress
Speeches & PresentationsPresenter
Trade Secret Exception Redux: What the Court in 'Techno Lite' Got Wrong
External ArticleThe Recorder
Navigating Trade Secret Misappropriation Claims After Berry-Helfand
External ArticleTexas Law Book
Full Disclosure: What Drives Trade Secret Litigation
Speeches & PresentationsPanelist, ACC Westchester
Trade Secrets: Inception to Protection
Speeches & PresentationsPanelist, ACC Westchester
Events
Recent
ACC Houston Annual Symposium Webinar 2020
Baker Botts is proud to sponsor the ACC Houston Annual Symposium Webinar that will take place on August 18-20, 2020.
Baker Botts' Sponsored Dialogue with the FBI
On May 19th, Baker Botts Partners Yan Zhang, Jonathan Shapiro and Kaylee Yang will be moderating an interactive discussion on trade secrets, industrial espionage and export controls.