Matters
- Represented employers, including national banks and a leading global coatings company, in restrictive covenant disputes, trade secret litigation, computer fraud and abuse matters, and unfair competition claims.
- Obtained reversal of preliminary injunction relating to alleged disclosure of trade secrets in Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110 (2nd Cir. 2009).
- Won multiple preliminary injunctions in favor of a California university in connection with preventing further misappropriation of trade secrets by the university's former employee.
- Following a five-day jury trial as lead counsel in the U.S. District Court for the Southern District of Florida, defeated claims brought by former employer against employee and his new employer for alleged violations of the federal Defend Trade Secrets Act (DTSA).
- Obtained, on multiple occasions, temporary restraining orders, preliminary and/or permanent injunctions against former employees who were in violation of post-employment restrictive covenants.
- For a national health care company, successfully defended against trade secret and breach of contract/restrictive covenant claims filed in multiple jurisdictions.
- Defended the Consumer Products division of a branded pharmaceutical company against an action brought by a competitor, which sought to prevent the client from hiring a senior research scientist for its oral health care department based on claims of "inevitable disclosure" of confidential information and/or trade secrets.
- Successfully defended medical equipment manufacturer Sofamor Danek Group, Inc., against $15 million claim for lost profits, trade secret misappropriation, and assignment of three related patents in two-week jury trial and one-day court trial.
- Obtained enforcement of non-solicitation and confidentiality provisions against former financial services representatives, resulting in $347,000 arbitration award. Award led to an eventual favorable multimillion-dollar settlement of companion federal court litigation.
- Successfully defended trade secret claims arising from the creation of a highly successful competing enterprise shortly after leaving the employ of the Plaintiff. In doing so, the defendants prevailed on their counterclaims and collected an affirmative judgment against Plaintiff, which further enhanced their competitive edge.
- Successfully settled a claim for trade secret infringement against a competitor who, through a former employee of the Plaintiff, obtained schematics, specifications and assembly procedures employed in the manufacture of electronics and then proceeded to make, market and sell competing products derived from those trade secrets. The settlement included the disgorgement of all profits associated with such products, as well as the costs of suit.
- Travois, Inc. v. Vital Spirit et al., jury trial, Circuit Court of Jackson County, Missouri, September 2016. Represented Travois, alleging that defendants misappropriated Travois’ financial model and documents used to obtain low-income housing tax credits for Native American tribes. Jury verdict for $3.3 million in favor of Travois.
- Defended McGhan Medical Corporation in patent infringement and trade secrets litigation brought by Medical Products Development, Inc. relating to textured silicone breast implants.
- Represented McGhan Medical UK Limited in patent infringement and trade secrets litigation against Nagor Limited and Biosil Limited relating to textured silicone breast implants.
- Represented Eurosilicone SAS in patent infringement and trade secrets litigation brought by IP Resource Ltd relating to textured silicone breast implants.
- Caravan Ingredients v. Guajardo, Johnson County District Court. Obtained Temporary Injunction against former employee who took confidential information from prior employer, created a PowerPoint and provided the PowerPoint to a competitor.
- Red Rock Packaging v. VC999 et al., Johnson County District Court. Obtained Temporary Injunction against former employee Office Manager and her new employer, after employee took confidential information from prior employer and provided it to the new employer.
- Represented Alion Science & Technology in a case involving trade secrets related to flight simulator software. Obtained a permanent injunction against the former employees prohibiting them from using the trade secrets.
- BOKFNA et al. v. Mariner Wealth Advisors et al., Johnson County District Court. Successfully defeated a Motion for Temporary Injunction brought by former employer who attempted to prohibit several former employees who were subject to non-solicitation and non-competition agreements from working and soliciting business on behalf of new employer.
- Represented a digital manipulation software company against former employees relating to customer lists. Obtained an injunction prohibiting use of the lists.
- Defended EdTech start-up against trade secret misappropriation allegations brought by a major state research university. Through aggressive advocacy, we convinced the university to dismiss and release all of its claims against the client without paying money or limiting the client’s business conduct.
- Led research and electronically stored information (ESI) discovery efforts in a multistate trade secrets case that involved eight individual defendants and one corporate defendant.
- Led ESI discovery efforts to identify favorable evidence in Plaintiff employee’s inbox that led to favorable settlement to employer to avoid litigation.
- Represented national recruiting firm in defense of allegations concerning violating non-compete covenants and misappropriating trade secrets.
Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every case is different and must be judged on its own merits.