U.S. Grows as Forum for Redress of Global Trade Secret Disputes

Claimants in trade secret disputes around the world increasingly bring their claims to U.S. courts and the U.S. International Trade Commission (ITC), driven by:

• The potential for very large monetary awards and import bans,
• Easier access to evidence through discovery, and
• Relaxed rules for adjudicating claims arising from conduct around the world.

Kobre & Kim partner Michael Ng recently discussed the trend in his interview with IAM Magazine.  He notes the advantages of U.S. forums and the availability of strong remedies—even when misappropriation occurs outside the U.S.  In recent years, Korean competitors have sued in the ITC, and Chinese companies have litigated against each other in the U.S. courts.

Kobre & Kim recently won a California case for firm client Propel Fuels, winning a US $604.9 million jury verdict in October—the most significant trade secret verdict of 2024. The trial team combined diverse personal backgrounds and complementary expertise, combining deep knowledge across key practice areas with extensive trial experience. Alongside Mr. Ng, the case team included trade secret disputes expert Daniel Zaheer; trial veteran Adriana Riviere-Badell, who picked the jury and handled a number of cross-examinations; intellectual property trial specialist George Stamatopoulos; and financial disputes lawyer Jeremy Bressman.

Trade secret claims address the wrongful misappropriation or use of confidential information, which can include technical materials but also business strategies, financial data or information about customers, sales or strategies.  Trade secret claims often arise when an employee is hired by a competitor, or following a proposed merger, acquisition or commercial partnership.

About Kobre & Kim

Kobre & Kim is a global law firm focusing on cross-border disputes and investigations, often involving fraud and misconduct.

Our Intellectual Property and Technology Disputes team:

• Focuses on serving as special trial co-counsel, avoiding conflicts that often prevent other firms from taking on the large-scale litigation and industry-wide opposition common in trade secret misappropriation cases
• Understands complex technology and can explain it to judges and juries – the ultimate decision-makers.
• Includes locally qualified lawyers in the United States, Europe, Latin America, the Middle East, Asia and offshore locations, allowing us to effectively advocate for clients around the world and for those facing the challenges of coordinated international litigation.