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Trade Secrets and Restrictive Covenants

For more than three decades, clients have sought out Jenner & Block to protect their most valuable information and for our counsel on their rights and obligations around restrictive covenants. As the preeminent Trade Secrets and Restrictive Covenants Practice in the United States, we have been at the forefront of some of the most high-profile and historically significant cases shaping this area of the law. Known for our strength in litigation, our singular focus is protecting our clients’ most valuable assets, including their confidential information and contractual rights. We counsel clients proactively before legal challenges arise and work strategically with clients to find alternate paths and creative solutions to avoid litigation, when possible.

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Preeminent in High-Stakes Trade Secret Litigation

Our renowned litigators have achieved victories in some of the most significant trade secret cases in history. We litigated PepsiCo, Inc. v. Redmond, the seminal US case for the inevitable disclosure doctrine, at both the US District Court and in the Seventh Circuit Court of Appeals. More recently, our practice obtained a $114 million federal jury verdict in Oklahoma involving, inter alia, claims for unfair competition and other torts related to the use of highly confidential information. The court later granted an injunction against the defendants, requiring them to return our client’s confidential information, and the verdict was affirmed on appeal. Just a few years prior, we secured two of the largest trade secret recoveries in history: a $940 million jury verdict in Wisconsin federal court and a $130 million settlement in Washington state court. These are only a few examples of the high-impact, high-value trade secret litigation matters we handle for clients.

Crafting Enforceable Agreements in a Changing Landscape

Restrictive covenants are more difficult to enforce than ever before, and the lawfulness of non-competes, in particular, is increasingly coming under scrutiny by state and federal governments. The wrong misstep in an agreement could result in not only an ability to enforce, but also potential civil liability, government fines, and criminal exposure. We have the experience in negotiating and litigating restrictive covenants to understand how these scenarios may play out. We work with clients across a wide range of industries to draft fit-for-purpose and enforceable employment (and other) agreements containing restrictive covenants and non-disclosure provisions to protect their confidential and proprietary information. 

A Nimble and Skillful Approach

Trade secret disputes often move fast. We take pride in our ability to offer our clients litigation teams who are seasoned in all aspects of trade secret litigation. In federal and state courts, we have represented clients in trade secret and restrictive covenant litigation, resulting in pre-trial successes, obtaining or protecting against TROs or preliminary injunctions, and favorable verdicts.

Securing our Clients’ Most Valuable Assets

We counsel clients on safeguarding their most valuable assets—their confidential business information and stable, skillful workforce. Whether you are losing a senior employee to or hiring one from a competitor, it is critical to have proactive strategies in place to reduce exposure resulting from outgoing and incoming information theft. We help clients reduce risk of trade secret misappropriation by providing counseling on policies and protocols for on- and offboarding employees, third-party vendors, and business partners. We also often counsel and draft restrictive covenant agreements for clients who may need to disclose confidential or proprietary information as part of a business transaction, or when engaging in government contracts or attempting to secure a government contract.

At the Forefront of Emerging Developments

We stand out not only as powerhouse litigators, but also as thought leaders on the leading-edge of Trade Secrets and Restrictive Covenants legal developments. We are immersed in emerging legal developments and frequently write and speak on the Defend Trade Secrets Act (DTSA) and the state law Uniform Trade Secrets Act (UTSA), among others. We put clients in a position of strength by counseling them on the emerging issues that could impact protection of their most valuable information.

  • Achieved a $114 million federal jury verdict in a dispute that our client considered critical to the preservation of its business unit and among the company’s most significant litigation. We represent Hetronic, a subsidiary of Methode, in a series of interrelated cases concerning the theft of highly confidential and proprietary information by Hetronic’s former president and vice president of accounting which enabled unfair competition by one of its major distributors. The court later granted an injunction against the defendants requiring the former distributor to return of information. The US 10th Circuit Court of Appeals affirmed the verdict as well as the injunction. The lead partners were named finalists for the American Lawyer “Litigator of the Week” recognition on three separate occasions for their role in the trial victory, the injunction, and the appeal.
  • Obtained a $940 million jury verdict for leading software company Epic Systems in a substantial trade secret/corporate espionage case against Tata Consultancy Services, a large foreign conglomerate. The verdict represents one of the largest trade secrets verdicts in US history and perhaps the largest verdict of any kind in Wisconsin.
  • Secured, on behalf of News Corp subsidiary Move., Inc., as well as the National Association of Realtors and subsidiaries, a $130 million settlement in a complex commercial, securities, and intellectual property dispute involving allegations that former senior employees of our client shared trade secrets related to our client’s product strategy with their new employer, Zillow.
  • Litigated PepsiCo, Inc. v. Redmond, the seminal Seventh Circuit case concerning the inevitable disclosure doctrine for trade secrets, both at the trial and appellate level. The case dramatically changed the law with respect to enjoining employees from working for competitors even if they did not sign a non-compete agreement or restrictive covenant.
  • Secured a victory for one of the initial investors in the social media website Pinterest.com when a panel of judges from the New York Appellate Division unanimously upheld an earlier dismissal of claims that the investor stole website concepts and shared them with the Pinterest creators.
  • Represented a major biotech company in a lawsuit against a pharmaceutical company for misappropriation of trade secrets related to cutting-edge cancer drugs that each was trying to discover and develop. In addition to being a high-stakes case concerning potentially important cancer treatments, the case raised several novel issues in trade secret law. The jury found that the defendant stole our client’s trade secrets.

Experience

  • Achieved a $114 million federal jury verdict in a dispute that our client considered critical to the preservation of its business unit and among the company’s most significant litigation. We represent Hetronic, a subsidiary of Methode, in a series of interrelated cases concerning the theft of highly confidential and proprietary information by Hetronic’s former president and vice president of accounting which enabled unfair competition by one of its major distributors. The court later granted an injunction against the defendants requiring the former distributor to return of information. The US 10th Circuit Court of Appeals affirmed the verdict as well as the injunction. The lead partners were named finalists for the American Lawyer “Litigator of the Week” recognition on three separate occasions for their role in the trial victory, the injunction, and the appeal.
  • Obtained a $940 million jury verdict for leading software company Epic Systems in a substantial trade secret/corporate espionage case against Tata Consultancy Services, a large foreign conglomerate. The verdict represents one of the largest trade secrets verdicts in US history and perhaps the largest verdict of any kind in Wisconsin.
  • Secured, on behalf of News Corp subsidiary Move., Inc., as well as the National Association of Realtors and subsidiaries, a $130 million settlement in a complex commercial, securities, and intellectual property dispute involving allegations that former senior employees of our client shared trade secrets related to our client’s product strategy with their new employer, Zillow.
  • Litigated PepsiCo, Inc. v. Redmond, the seminal Seventh Circuit case concerning the inevitable disclosure doctrine for trade secrets, both at the trial and appellate level. The case dramatically changed the law with respect to enjoining employees from working for competitors even if they did not sign a non-compete agreement or restrictive covenant.
  • Secured a victory for one of the initial investors in the social media website Pinterest.com when a panel of judges from the New York Appellate Division unanimously upheld an earlier dismissal of claims that the investor stole website concepts and shared them with the Pinterest creators.
  • Represented a major biotech company in a lawsuit against a pharmaceutical company for misappropriation of trade secrets related to cutting-edge cancer drugs that each was trying to discover and develop. In addition to being a high-stakes case concerning potentially important cancer treatments, the case raised several novel issues in trade secret law. The jury found that the defendant stole our client’s trade secrets.
Trade Secrets and Restrictive Covenants

For more than three decades, clients have sought out Jenner & Block to protect their most valuable information and for our counsel on their rights and obligations around restrictive covenants. As the preeminent Trade Secrets and Restrictive Covenants Practice in the United States, we have been at the forefront of some of the most high-profile and historically significant cases shaping this area of the law. Known for our strength in litigation, our singular focus is protecting our clients’ most valuable assets, including their confidential information and contractual rights. We counsel clients proactively before legal challenges arise and work strategically with clients to find alternate paths and creative solutions to avoid litigation, when possible.

Trade Secrets PDF Publication Button

Preeminent in High-Stakes Trade Secret Litigation

Our renowned litigators have achieved victories in some of the most significant trade secret cases in history. We litigated PepsiCo, Inc. v. Redmond, the seminal US case for the inevitable disclosure doctrine, at both the US District Court and in the Seventh Circuit Court of Appeals. More recently, our practice obtained a $114 million federal jury verdict in Oklahoma involving, inter alia, claims for unfair competition and other torts related to the use of highly confidential information. The court later granted an injunction against the defendants, requiring them to return our client’s confidential information, and the verdict was affirmed on appeal. Just a few years prior, we secured two of the largest trade secret recoveries in history: a $940 million jury verdict in Wisconsin federal court and a $130 million settlement in Washington state court. These are only a few examples of the high-impact, high-value trade secret litigation matters we handle for clients.

Crafting Enforceable Agreements in a Changing Landscape

Restrictive covenants are more difficult to enforce than ever before, and the lawfulness of non-competes, in particular, is increasingly coming under scrutiny by state and federal governments. The wrong misstep in an agreement could result in not only an ability to enforce, but also potential civil liability, government fines, and criminal exposure. We have the experience in negotiating and litigating restrictive covenants to understand how these scenarios may play out. We work with clients across a wide range of industries to draft fit-for-purpose and enforceable employment (and other) agreements containing restrictive covenants and non-disclosure provisions to protect their confidential and proprietary information. 

A Nimble and Skillful Approach

Trade secret disputes often move fast. We take pride in our ability to offer our clients litigation teams who are seasoned in all aspects of trade secret litigation. In federal and state courts, we have represented clients in trade secret and restrictive covenant litigation, resulting in pre-trial successes, obtaining or protecting against TROs or preliminary injunctions, and favorable verdicts.

Securing our Clients’ Most Valuable Assets

We counsel clients on safeguarding their most valuable assets—their confidential business information and stable, skillful workforce. Whether you are losing a senior employee to or hiring one from a competitor, it is critical to have proactive strategies in place to reduce exposure resulting from outgoing and incoming information theft. We help clients reduce risk of trade secret misappropriation by providing counseling on policies and protocols for on- and offboarding employees, third-party vendors, and business partners. We also often counsel and draft restrictive covenant agreements for clients who may need to disclose confidential or proprietary information as part of a business transaction, or when engaging in government contracts or attempting to secure a government contract.

At the Forefront of Emerging Developments

We stand out not only as powerhouse litigators, but also as thought leaders on the leading-edge of Trade Secrets and Restrictive Covenants legal developments. We are immersed in emerging legal developments and frequently write and speak on the Defend Trade Secrets Act (DTSA) and the state law Uniform Trade Secrets Act (UTSA), among others. We put clients in a position of strength by counseling them on the emerging issues that could impact protection of their most valuable information.

  • Achieved a $114 million federal jury verdict in a dispute that our client considered critical to the preservation of its business unit and among the company’s most significant litigation. We represent Hetronic, a subsidiary of Methode, in a series of interrelated cases concerning the theft of highly confidential and proprietary information by Hetronic’s former president and vice president of accounting which enabled unfair competition by one of its major distributors. The court later granted an injunction against the defendants requiring the former distributor to return of information. The US 10th Circuit Court of Appeals affirmed the verdict as well as the injunction. The lead partners were named finalists for the American Lawyer “Litigator of the Week” recognition on three separate occasions for their role in the trial victory, the injunction, and the appeal.
  • Obtained a $940 million jury verdict for leading software company Epic Systems in a substantial trade secret/corporate espionage case against Tata Consultancy Services, a large foreign conglomerate. The verdict represents one of the largest trade secrets verdicts in US history and perhaps the largest verdict of any kind in Wisconsin.
  • Secured, on behalf of News Corp subsidiary Move., Inc., as well as the National Association of Realtors and subsidiaries, a $130 million settlement in a complex commercial, securities, and intellectual property dispute involving allegations that former senior employees of our client shared trade secrets related to our client’s product strategy with their new employer, Zillow.
  • Litigated PepsiCo, Inc. v. Redmond, the seminal Seventh Circuit case concerning the inevitable disclosure doctrine for trade secrets, both at the trial and appellate level. The case dramatically changed the law with respect to enjoining employees from working for competitors even if they did not sign a non-compete agreement or restrictive covenant.
  • Secured a victory for one of the initial investors in the social media website Pinterest.com when a panel of judges from the New York Appellate Division unanimously upheld an earlier dismissal of claims that the investor stole website concepts and shared them with the Pinterest creators.
  • Represented a major biotech company in a lawsuit against a pharmaceutical company for misappropriation of trade secrets related to cutting-edge cancer drugs that each was trying to discover and develop. In addition to being a high-stakes case concerning potentially important cancer treatments, the case raised several novel issues in trade secret law. The jury found that the defendant stole our client’s trade secrets.

Experience

  • Achieved a $114 million federal jury verdict in a dispute that our client considered critical to the preservation of its business unit and among the company’s most significant litigation. We represent Hetronic, a subsidiary of Methode, in a series of interrelated cases concerning the theft of highly confidential and proprietary information by Hetronic’s former president and vice president of accounting which enabled unfair competition by one of its major distributors. The court later granted an injunction against the defendants requiring the former distributor to return of information. The US 10th Circuit Court of Appeals affirmed the verdict as well as the injunction. The lead partners were named finalists for the American Lawyer “Litigator of the Week” recognition on three separate occasions for their role in the trial victory, the injunction, and the appeal.
  • Obtained a $940 million jury verdict for leading software company Epic Systems in a substantial trade secret/corporate espionage case against Tata Consultancy Services, a large foreign conglomerate. The verdict represents one of the largest trade secrets verdicts in US history and perhaps the largest verdict of any kind in Wisconsin.
  • Secured, on behalf of News Corp subsidiary Move., Inc., as well as the National Association of Realtors and subsidiaries, a $130 million settlement in a complex commercial, securities, and intellectual property dispute involving allegations that former senior employees of our client shared trade secrets related to our client’s product strategy with their new employer, Zillow.
  • Litigated PepsiCo, Inc. v. Redmond, the seminal Seventh Circuit case concerning the inevitable disclosure doctrine for trade secrets, both at the trial and appellate level. The case dramatically changed the law with respect to enjoining employees from working for competitors even if they did not sign a non-compete agreement or restrictive covenant.
  • Secured a victory for one of the initial investors in the social media website Pinterest.com when a panel of judges from the New York Appellate Division unanimously upheld an earlier dismissal of claims that the investor stole website concepts and shared them with the Pinterest creators.
  • Represented a major biotech company in a lawsuit against a pharmaceutical company for misappropriation of trade secrets related to cutting-edge cancer drugs that each was trying to discover and develop. In addition to being a high-stakes case concerning potentially important cancer treatments, the case raised several novel issues in trade secret law. The jury found that the defendant stole our client’s trade secrets.

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News and Insights

Recognition

2026 Chambers USA Recognizes 40 Practice Areas, 86 Lawyers from Jenner & Block

The Chambers USA 2026 guide has recognized Jenner & Block as a leading firm in 40 practice areas, with practice rankings in 17 national and 23 state categories, and 86 lawyers individually recommended across practice areas at the national and state level. Ranked firms and individuals demonstrate qualities most valued by clients, including technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment.

June 4, 2026

News

Partner Andrew Vail Reelected as Secretary for Chicago Bar Association

Partner Andrew Vail has been reelected as the Chicago Bar Association’s (CBA) Secretary for the 2026–2027 term. He will serve alongside President Trisha M. Rich, First Vice President Kathryn Carso Liss, Second Vice President Jonathan B. Amarilio, and Treasurer Adam Zebelian.

April 16, 2026

Client Alerts

The Non-Compete Competition: Washington State’s New Broad Ban on Non-Competes

Last month, Washington state passed Engrossed Substitute House Bill 1155 (SB 1155), legislation that bans virtually all non-compete agreements and significantly narrows the scope of permissible non-solicitation agreements in the state. The new law takes effect on June 30, 2027, and applies retroactively to all existing non-compete agreements, rendering them void and unenforceable regardless of when they were entered into. Employers are required to make reasonable efforts to provide written notic

April 15, 2026

Publications

$64 Million Verdict Against Goodyear Vacated for Failure to Properly Define Trade Secrets

An Ohio jury found Goodyear liable for misappropriating five trade secrets related to self-inflating tires in 2022, awarding the plaintiff, Coda Development, $2.8 million in compensatory damages and $61.2 million in punitive damages. Coda Dev. s.r.o. v. Goodyear Tire & Rubber Co., 160 F.4th 1350, 1353 (Fed. Cir. 2025). Following trial, however, the district court threw out the verdict and found in favor of Goodyear because, among other things, Coda had failed to sufficiently define its trade sec

February 2026

Publications

Ninth Circuit Holds DTSA Does Not Require Plaintiffs to Identify Trade Secrets with Particularity Before Discovery, but Courts Retain Broad Discretion to Manage Trade Secret Discovery

In Quintara Biosciences Inc. v. Ruifeng Biztech Inc., the Ninth Circuit held that, unlike certain state trade secret statutes, the federal Defend Trade Secrets Act (DTSA) “does not require a plaintiff to identify with particularity its alleged trade secrets from the start,” while reaffirming a district court’s “broad discretion and ample alternatives . . . to manage the disclosure of trade secrets in discovery.” --- F. 3d ----, 2025 WL 2315671, at **2, 8 (9th Cir. 2025).

October 2025

Publications

The FTC Drops Ban on Noncompetes But Warns Healthcare Employers

The Federal Trade Commission (FTC) recently abandoned a prior rule that would have banned the use of most employee noncompete agreements in the United States. Many employers require employees to sign noncompete agreements, which typically limit employees from competing with their prior employers for defined periods of time. These agreements are sometimes challenged by the FTC or by private employees who claim that the agreements are overly broad.

October 2025

Client Alerts

Once Upon a Time in Trade Secret Law: Federal Judge Expands Trade Secret Protection to Wu-Tang Clan Album, Opening New Strategies for Exclusive Assets

In a groundbreaking decision with significant implications for businesses operating in digital asset markets, luxury goods, and experiential entertainment, Judge Pamela K. Chen of the Eastern District of New York has become the first federal judge to recognize a musical work as a protectable trade secret under the Defend Trade Secrets Act (DTSA).1The September 25, 2025 ruling in PleasrDAO v. Shkreli expands trade secret protection beyond traditional business information to encompass unique cultu

October 1, 2025

Client Alerts

Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the Act) expands the scope of enforceable noncompetes and implements robust enforcement mechanisms for noncompetes entered into after July 1, 2025, provided that certain require

July 14, 2025

Publications

Tenth Circuit Affirms Summary Judgment on Trade Secret Claims in Double Eagle v. Hooper

The Tenth Circuit recently upheld an Oklahoma District Court’s summary judgment ruling in favor of a trade secret defendant based on insufficient specificity as to the trade secrets at issue, as well as a lack of proper secrecy over those alleged trade secrets. The case, styled as Double Eagle Alloys, Inc. v. Hooper, included claims under the Defend Trade Secrets Act (DTSA), Oklahoma Uniform Trade Secrets Act (OUTSA), common law misappropriation, and civil conspiracy.

July 2025

News

Partner Andrew Vail Installed as Secretary for Chicago Bar Association

Partner Andrew Vail was recently installed as Chicago Bar Association (CBA)’s Secretary for the 2025-2026 term.  

July 8, 2025

Client Alerts

Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a valid noncompete. Therefore, employers should ensure that the noncompetes they seek to enforce are valid in the jurisdiction where the employee works (and resides, if different) and to be accurate as to the scope of any noncompete—and in California, to affirmatively inform emp

June 12, 2025

Recognition

2025 Chambers USA Recognizes 38 Practice Areas, 81 Lawyers from Jenner & Block

The Chambers USA 2025 guide has recognized Jenner & Block as a leading firm in 38 practice areas, with practice rankings in 15 national and 23 state categories, and with 81 lawyers recommended across practice areas at the national and state level. Published annually, Chambers USA ranks outstanding lawyers and law firms across the United States based on in-depth market analysis and independent research.

June 5, 2025

Publications

Partner Jason Bradford Discusses AI and Trade Secret Protection with Law360 

Partner Jason Bradford was quoted in a recent Law360 article discussing the evolving landscape of artificial intelligence and trade secret protection.

May 7, 2025

Event

Jenner & Block to Host Program on Trending Topics in Trade Secrets and Restrictive Covenants

Jenner & Block's Trade Secrets and Restrictive Covenants Practice will host an in-person CLE program on April 22 for an in-depth discussion on trending topics in the field. 

April 22, 2025

Recognition

Chambers Global 2025 Recognizes Eight Jenner & Block Lawyers and Four Practices

The 2025 Chambers Global guide ranked Jenner & Block as a leading law firm in four practice areas: Intellectual Property: Trademark, Copyright & Trade Secrets (Band 2); Corporate Crime & Investigations (Band 3); Derivatives (Band 3); and Energy: Electricity (Regulatory & Litigation) (Band 3). The firm's Energy practice saw notable advancement in this year's rankings.

February 2025

Publications

Substantial Trade Secret Verdicts Continue with $452 Million Decision Against South Korean Company

US civil juries have returned a number of substantial trade secret verdicts against defendants over the past decade. In December 2024, a company from South Korea became the most recent defendant on the receiving end of a large trade secret jury verdict.

January 2025

Publications

The Rule Is Dead

On December 10, 2024, President-Elect Trump named Andrew Ferguson as incoming Federal Trade Commission (FTC) Chair. After earning his law degree from the University of Virginia, Mr. Ferguson clerked on the DC Circuit and for Supreme Court Justice Clarence Thomas. Mr. Ferguson then spent several years at law firms in Washington DC. Most recently, Mr. Ferguson served as chief counsel to Senator Mitch McConnell and as Republican counsel to the US Senate Judiciary Committee, before he became an FTC

January 2025

Publications

Client Alert: The Rule Is Dead

On Tuesday, President-Elect Trump named Andrew Ferguson as incoming Federal Trade Commission (FTC) Chair. After earning his law degree from the University of Virginia, Mr. Ferguson clerked on the DC Circuit and for Supreme Court Justice Clarence Thomas. Mr. Ferguson then spent several years at law firms in Washington DC. Most recently, Mr. Ferguson served as chief counsel to Senator Mitch McConnell and as Republican counsel to the US Senate Judiciary Committee, before he became an FTC Commission

December 12, 2024

Recognition

Jenner & Block and David Singer Recognized in WIPR’s 2024 USA Trade Secrets Rankings

Jenner & Block and Partner David Singer were recognized in the World Intellectual Property Review’s (WIPR) 2024 USA Trade Secrets Rankings. The comprehensive guide features the leading law firms and lawyers at the forefront of trade secrets law in the United States.  

December 11, 2024

Recognition

Partner Debbie Berman Named a 2024 Notable Nonprofit Board Leader by Crain’s Chicago Business

Partner Debbie Berman was named a 2024 Notable Nonprofit Board Leader by Crain’s Chicago Business. Debbie was one of 81 business leaders recognized for lending their professional skills and connections to champion nonprofit missions and enrich communities.

December 2, 2024

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