Jenner & Block

Trade Secret and Restrictive Covenant Litigation and Counseling

Jenner & Block’s Trade Secrets and Restrictive Covenant Litigation and Counseling Practice is an interdisciplinary team comprised of members of the Firm’s Litigation, Intellectual Property and Labor Practices. This unique approach results in a team able to counsel clients to avoid litigation through proactive client counseling and to successfully and efficiently resolve litigation if it does arise.

Our attorneys have litigated trade secret cases throughout the country in both state and federal courts from temporary restraining orders to trial and appeals.  Our Trade Secrets and Restrictive Covenant work includes:

  • Litigating and counseling with respect to employment related trade secrets claims, including the enforceability of restrictive covenants.  
     
  • Litigating and counseling with respect to non-employment trade secrets claims, such as theft of trade secrets by a competitor.
     
  • Litigating trade secret claims relating to software/source code.
     
  • Counseling clients in developing policies and procedures to identify and protect their trade secrets from unauthorized use or distribution, which includes drafting agreements that enable our clients to share their trade secrets with third parties while at the same time protecting the confidential status of the trade secrets.
     
  • Drafting employment and other agreements containing restrictive covenants and non-disclosure provisions regarding confidential and proprietary information. 
     
  • Counseling clients on how to protect their trade secrets required to be disclosed to the government, for example to meet the requirements of the Environmental Protection Agency or the Department of Defense.

In October 2009, members of the Trade Secret and Restrictive Covenant Practice authored a comprehensive trade secret outline entitled:  Understanding and Litigating Trade Secrets Under Illinois Law:  An Outline For Analyzing the Statutory and Common Law of Trade Secrets in Illinois.  This outline discusses the complex body of Illinois statutory and decisional case law addressing the protection of confidential and trade secret information, including the Illinois Trade Secrets Act (which was modeled after the Uniform Trade Secrets Act).