We handle sweeping, bet-the-company trade secret litigation that stems from allegations of intellectual property theft. Our technically trained attorneys understand and can communicate how the underlying technologies operate and what constitutes protected information, and what does not. Our trade secret representation routinely requires us to oversee an array of related matters across multiple jurisdictions on multiple continents that involve everything from additional IP claims (like patent and copyright infringement) to corporate espionage (involving criminal and regulatory compliance proceedings) to commercial and financial litigation.
To accomplish this, our Trade Secret practice is predominantly comprised of attorneys in our Intellectual Property group. However, we routinely enhance our teams with exceptional strength drawn from Steptoe’s other practice groups, including, where needed, criminal lawyers who have prior experience working at the Department of Justice, investigations attorneys, commercial litigation attorneys with extensive trial experience, and compliance specialists. We also use restructuring and financial litigators as needed. In this way, the technical strength of our IP attorneys is complemented by our non-IP lawyers who bring their various areas of expertise to our clients’ great benefit—by expanding our creative problem-solving abilities. Our ability to develop persuasive arguments, themes, and narratives is also built on this diverse team staffing, which in turn helps ensure that a non-technical judge or jury can really understand what is at stake. We have literature majors working with physics majors working with former antitrust lawyers—because that unique skillset combination delivers for our clients.
Steptoe lawyers have significant experience advocating for clients in the courtroom, before the International Trade Commission (ITC), as well as through alternative dispute resolution (ADR). We are adept in litigating claims for misappropriation of trade secrets and confidential information; claims related to confidentiality agreements, covenants not to compete, and licenses; and claims under federal statutes which proscribe misappropriation and “hacking” activities such as the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act.
Perhaps most importantly, we recognize that trade secret disputes are frequently won or lost at a practical level through the outcome of interim injunction proceedings. It is routine for our trade secret litigators to mobilize quickly to seek injunctions and respond to them on very short notice, ensuring that our client’s position is effectively presented.
Beyond litigation, clients rely on Steptoe for assistance with:
- Counseling employers on steps to take to avoid receiving trade secrets or confidential information when hiring key employees from competitors
- Conducting trade secret and confidential information audits, either as stand-alone audits or as part of a broader IP audit
- Preparing non-disclosure agreements, confidentiality agreements, and non-compete agreements for prospective merger and acquisition partners, joint venture partners, contractors, vendors, consultants, and professionals
- Licensing trade secret information
- Negotiating with government agencies to prevent them from releasing clients' trade secret information in response to a request made by a member of the public for access
- Drafting outsourcing agreements and technology commercialization agreements with appropriate protections for trade secrets, confidential know-how, and other intellectual property
- Identifying appropriate steps to maintain confidentiality and protect trade secrets and confidential know-how in a digital, networked, or Internet environment
Additionally, Steptoe helps clients assess the value of their confidential, proprietary formulas, manufacturing and business processes, methods of operation, business strategies, and customer information and to determine how best to:
- Protect trade secrets
- Recover trade secrets
- Obtain compensation if trade secrets are misappropriated
- Avoid misappropriation claims by others
- Defend against misappropriation claims
Noteworthy
- Legal 500 US, Intellectual Property: Trade Secrets (Litigation and Non-Contentious Matters) (2021-2025)
- WIPR, Global Trade Secrets Rankings, Notable (2024); Outstanding (2025)
- WIPR, USA Trade Secrets Rankings, Highly Recommended (2024-2025)
- China Business Law Journal, China Business Law Award: IP (Trade Secret) (2026)
- Law360, The Most Significant Trade Secrets Cases Of 2024 (2024)
- Chambers USA, Intellectual Property, Illinois (2025)
- ALM, Elite Trial Lawyers, Pharmaceutical Litigation, Finalist (2025)
- ALM, Elite Trial Lawyers, Technology, Finalist (2025)
- Asian Legal Business, China Law Awards, Shortlisted, Intellectual Property Law Firm of the Year – International (2020-2024)
- China Business Law Journal, Deals of the Year (2023-2025)
- China Law & Practice, International Firm of the Year: Intellectual Property Award (2024, 2020); Shortlisted (2021-2022)
Representative Matters
Trade Secrets and Unfair Competition Cases
- Defending a Chinese two-way radio company in civil and criminal trade secret litigation in US District Court for the Northern District of Illinois. This representation has included: 1.) an appeal challenging a $272M profit disgorgement award and $272M of punitive damages; 2.) an emergency motion to stay the sanctions of a US district court judge who charged our client a daily $1 million fine and a worldwide sales ban; 3.) a 21-count Department of Justice indictment charging our client with conspiracy to commit theft of trade secrets; 4.) proceedings in England where Plaintiff sought to enforce elements of the US judgment against our client totaling $345M, comprising compensatory damages under the DTSA and/or US Copyright Act as well as ancillary awards for interest, attorneys' fees and costs; and 5.) over 40 separate multi-hour court hearings, the production of millions of files of source code and documents, over 100 hours of depositions, multi-hundred-page expert reports, and substantial motions practice and merits briefing—all of which culminated in a week-long bench trial.
- Representing a Czech tire company as plaintiff in trade secret and patent infringement litigation involving self-inflating tire technology in US District Court for the Northern District of Ohio. Obtained $64 million jury verdict for willful and malicious misappropriation; recognized as a Top 100 Verdict of 2022 by The National Law Journal. We continue to represent the client in the appeal.
- Represented Huawei Device USA and Huawei Technologies Co., Ltd, an original equipment manufacturer of cellphones and other telecommunications equipment, in a trade secret and breach of contract case involving robotics and other touchscreen testing. The case went to trial in the Western District of Washington and the jury found no damages and no basis for punitive damages resulting from a misappropriation of a trade secret.
- Represented Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc. and Futurewei Technologies, Inc., original equipment manufacturers and developers of cellphones and other telecommunications equipment, in a trade secret litigation, also involving breach of contract, correction of inventorship, and fraud claims, all relating to antenna technology. The case was successfully settled on terms favorable to the clients on the sixth day of a jury trial that was scheduled to last for twelve days in federal court in the Eastern District of Texas.
- Representing a biotech company in its lawsuit against a competitor alleging misappropriation of trade secrets, breach of contract, and other related claims. At the center of this matter is important cutting-edge technology used to treat multiple diseases, including different cancers.
- Assisted a large Chinese telecommunications company in setting up a trade secret compliance program and developed protocols to mitigate trade secret appropriation risk.
- Represented SoftWriters in a trade secret misappropriation action against Integra, Inc. involving issues concerning the healthcare industry. This matter was settled favourably for the client.
- Represented SK Hynix, a large memory chipmaker and semiconductor company, in trade secrets litigation against SanDisk in the Santa Clara County Superior Court and US District Court Northern District of California. The matter settled favorably.
- Completed a research project for the Chinese Ministry of Commerce (MOFCOM) that culminated in a handbook on trade secret investigations at the International Trade Commission. The handbook provides a business oriented guide for MOFCOM to use in teaching Chinese companies about trade secrets litigation and trade secrets misappropriation. It may also be used by MOFCOM to assist Chinese companies in responding to Section 337 investigations and US federal and state court litigation involving alleged trade secret misappropriation.
- Defeated motion for preliminary injunction on behalf of our client StarTrak Systems, Inc. against Satamatics, following evidentiary hearing in a trade secrets matter involving satellite and software technology.
- Served as lead counsel for McDonnell Douglas in ground-breaking reverse-FOIA litigation against NASA, establishing that line item prices in government contracts can be protected from public disclosure under Exemption 4 and the Trade Secrets Act.
News & Publications
Client Alerts
FBI Warns of Evolving Tactics in Trade Secret Theft and Economic Espionage
May 12, 2026
By: John L. Abramic, Daniel F. Gelwicks, Andrew C. Adams, Daniel W. Podair
Client Alerts
Was Quintara Biosciences Really a Sea Change in California Trade Secret Litigation?
May 7, 2026
Step Into IP Blog
Refining IP Strategy for AI Models Amid Prompt‑Injection, Model Extraction, and the EU AI Act
April 7, 2026
By: Heather Hildreth
Press Releases
March 13, 2026
Client Alerts
The Trump Administration Targets Trade Secret Theft Through First-of-Its-Kind Sanctions
March 11, 2026
By: Andrew C. Adams, Christian M. Auty, Daniel F. Gelwicks, Quentin Johnson, Scott Johnston
Media Mentions
Law360 Names Lawrence Kass Article Among Most-Read IP Guest Articles of 2025
December 26, 2025
Media Mentions
Law360 Quotes Leah Quadrino on Trade Secrets Battle Between Hytera and Motorola
October 16, 2025
Events
Webinars
AI, Data & Digital Roundtable on IP and Trade Secrets Issues Related to AI
November 20, 2024
Speakers: Andrew C. Adams, Anne-Gabrielle Haie, Christopher Suarez
Webinars
What Are "Reasonable Efforts or Measures" Under the Uniform Trade Secrets Act?
June 12, 2024