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Trade Secret & Non-Compete Litigation

Trade secrets and confidential business information often constitute some of your most valuable assets. They can involve proprietary manufacturing methods, methods of pricing, and competitive information regarding your customers and strategies. This information is often kept in the hands of your employees, who in today’s competitive environment, are highly mobile. A mobile workforce, coupled with the ease with which technology and information can be transferred, heightens the risk that your confidential information will be misappropriated and provided to a competitor.

LPCH has substantial experience in helping businesses defend their valuable trade secrets, often on an expedited basis. LPCH often seeks, on behalf of its clients, emergency relief against improper use or disclosure of these secrets. LPCH’s litigation experience, especially its ability to act quickly and obtain temporary injunctive relief, is invaluable in prosecuting (or defending) claims involving trade secrets.

LPCH also represents high-ranking employees and companies in disputes that arise at the end of the employment relationship, including disputes over severance pay and benefits, change in control agreements, covenants not to compete or solicit, confidentiality agreements, and indemnification agreements.  We have secured favorable resolutions to these types of disputes for our clients. We always keep in mind the impact litigation has on our clients’ reputation, current activities, and future business prospects--matters beyond the dollars at stake. We have also counseled numerous executive-level employees and companies on employment and compensation issues.

EXPERIENCE HIGHLIGHTS

We represented Alcatel in connection with asserting trade secret claims against a competitor's hiring of a group of engineers working on next-generation Telecom Technology. The case involved extensive discovery and pretrial motion practice. Ultimately, the case proceeded to trial. The client settled the case during trial for a nine-figure amount believed to be the largest trade secret settlement in North Texas.

We represented former Hanley-Wood CEO and CFO in a breach of contract arbitration. Hanley-Wood refused to pay their bonuses or increase their salaries, arguing that the bonuses and raises were discretionary and that the economic crisis of 2009 made payment impossible.  An arbitrator found in favor of the plaintiffs, awarding millions in bonuses, salary adjustments and severance benefits.  The decision also ordered Hanley-Wood to pay pre- and post-judgment interest, attorney’s fees and arbitration costs. The court has confirmed that award.

We have represented Anthelio Healthcare Solutions Inc. in numerous disputes related to enforcing non-competition agreements, both of executive level and lower level employees. Generally, these disputes have begun with LPCH obtaining an emergency temporary restraining order from the courts on behalf of our client. Some have ended with favorable settlements, while others have concluded after a full trial on the merits.

We represented Driver Pipeline Company, Inc. in connection with a trade secrets claim that resulted in the Court issuing a temporary restraining order on our client’s behalf. LPCH’s ability to act quickly and obtain emergency relief was critical.  The matter resolved shortly after the issuance of a temporary restraining order. 

We represented a prominent wealth management firm in connection with an alleged trade secrets misappropriation claim. Through LPCH’s aggressive approach and early involvement,  the matter settled without the party claiming trade secret misappropriation filing suit. 

We represented LDA Management Company, Inc. in a non-compete dispute against a competitor related to the hiring of two executives in an arbitration. LPCH procured a favorable resolution short of a full blown arbitration. 

We represented RealPage, Inc. in an alleged trade secret misappropriation and alleged breach of non-compete matter that arose in connection with the employment of a former sales executive. LPCH procured a favorable resolution for RealPage, Inc. and its employee.