Trade Secrets & Restrictive Covenants

While trade secret protection is critical in virtually every sector, strategies for protecting proprietary information hinge on industry-specific standards for internal systems and processes, job titles and functions, and technologies and innovations. McGuireWoods’ full-service, multidisciplinary approach enables our lawyers to provide end-to-end solutions to protect and enforce clients’ trade secrets and defend against trade secret misappropriation claims.

Our team comprises former government prosecutors, trade secret lawyers and restrictive covenant litigators who work in tandem with law enforcement agencies responding to trade secret incidents.

From audits and compliance, to incident response, litigation and government investigations, we handle every aspect of trade secret protection and enforcement in the U.S. The team tailors client-specific strategies to protect innovation, develop or strengthen information security protocols, and quickly respond to trade secret threats to minimize risk and damage.

How We Help

Augmenting our track record for leading trade secret and restrictive covenant litigation, McGuireWoods’ trade secrets team provides holistic services to meet each client’s unique industry needs, strategic goals and risk-tolerance level.

Our strengths include:

audit and compliance programs;
employment policies, procedures and agreements;
intellectual property;
data privacy and security; and
litigation, investigations and incident response.

Representative Experience

Software company in the Supreme Court of Virginia regarding reinstatement of the largest jury verdict in Virginia history ($2.2 billion) after reversal by the Court of Appeals of Virginia. McGuireWoods became lead appellate counsel after the decision by the Court of Appeals. The Supreme Court of Virginia granted our petition for appeal earlier this year, with merits argument set for September 2025;
Commercial laboratory testing services provider in obtaining a record-setting, favorable settlement for a massive Texas trade secret case involving the sudden departure of four executives, who crafted a plan to steal highly sensitive financials, customer information and pricing information for their new employer;
DuPont in securing a $920 million jury verdict – one of the largest recorded trade secrets verdicts in the country – against a South Korean manufacturing company who stole trade secrets related to Kevlar;
International software company in multiple bet-the-company litigation matters involving over $1.5 billion in damages for trade secret misappropriation, breach of contract, tortious interference, breach of fiduciary duties, conversion and civil conspiracy;
Global leader in energy technology in bet-the-company trade secret and breach of fiduciary litigation against its competitor and former employees who conspired to download our client’s information on storage devices, transfer phone contacts to a competitor, and steal trade secrets and confidential information regarding employees, financials, customers and pricing;
Executives, who left a technology company to return to their former employer, in securing a victory finding that the technology company could not prove it was likely to suffer irreparable harm, by allowing our clients to continue working for their former employer;
Major aerospace products and services provider as lead counsel in trade secret litigation involving a matter of first impression under the federal Defend Trade Secrets Act, regarding a significant volume of trade secrets stolen by the defendant, a former employee, for the purpose of exposing alleged illegal behavior on the part of the company;
Government service provider in successfully appealing a $1.25 million jury verdict and judgment before the Virginia Supreme Court in litigation asserting breach of a nondisclosure agreement, breach of a teaming agreement and violation of the Virginia Trade Secrets Act;
American multinational Fortune 500 technology company in resolving complex noncompete and trade secret litigation involving restrictive covenants and employee raiding; and
Large government contractor in successfully defending a preliminary injunction granted by the Fairfax County Circuit Court against a former executive for misappropriation of trade secrets on review before the Supreme Court of Virginia.

McGuireWoods’ Trade Secrets & Restrictive Covenants Practice Group – providing comprehensive services across the spectrum of trade secret matters – is nationally recognized for representing clients in some of the most high-profile trade secret litigation in recent U.S. history.

Statewide ranking for intellectual property: trademark, copyright and trade secrets in Texas.

– Chambers USA
Nationwide ranking for intellectual property trade secrets.

– The Legal 500 U.S.
Recognized for “Global Dispute of the Year: U.S. Litigation” in 2015 for the firm’s representation in a trade secret case.

– The American Lawyer