Cases
Experience: Trade Secrets
Noncompetes: Represented Revance Therapeutics, Inc. in defending a trade secret litigation initiated by a competitor in the Middle District of Tennessee. The competitor accused the client of hiring its former employees
misappropriating trade secrets to manufacture
sell an injectable botulinum toxin product to compete with BOTOX.
Represented Vetnos, Inc., a sports-gaming technology company in patent
trade secret litigation against a major daily fantasy sports provider in the Northern District of Georgia. The complaint alleged patent infringement
misappropriation of trade secrets related to systems for presenting fixed-odds, skill-based games. In 2024, we defeated a motion to dismiss the patent claims under Section 101. We also defeated a motion to dismiss the trade secret claims at the pleading stage.
Represented a global robotics
automation company in a trade secret lawsuit in the District of Delaware, involving artificial intelligence software used in robotics
automation. The Complaint alleges infringement of three patents, misappropriation of trade secrets,
infringement of Plaintiffs' copyright. The plaintiff alleged misappropriation of trade secret source code through our client's hiring of the plaintiff's former chief scientist. In 2024, we secured a total dismissal of the trade secret claim, successfully arguing the statute of limitations barred the plaintiff's trade secret claim.
Represented a medical device
software company in the District of Colorado. The client, offering a SaaS platform for the healthcare industry, alleged its distributor improperly reverse-engineered its trade secret search technology using artificial intelligence. Early procedural victories compelled the defendant to provide discovery into its R&D
source code.
Represented a franchised dealer of trucks
truck parts in a trade secret lawsuit against a competitor in the northeast United States. Our client alleged that the competitor hired over fourteen former employees
misappropriated our client's confidential information. Our client also alleged the competitor fraudulently induced our client to sell it a property by concealing its identity. Prevailed on a motion to rem
the case to state court after the defendant's attempt to remove to federal court.
Represented a biotech company in a case where a former employee resigned
joined a startup competitor. The employee downloaded tens of thous
s of files from the client's systems shortly before leaving. Successfully negotiated the return of all files
imposed restrictions on the use of information by the former employee, thereby avoiding litigation.
Represented a cybersecurity firm in investigating a former employee's misappropriation of trade secret information. The employee exfiltrated data on the client's customers
technology before termination
then joined a competitor. Conducted an investigation to assess the extent of the misappropriation
negotiated return of information
restrictions on former employee's work for competitor.
Represented a biotech company against a competitor's claim of trade secret misappropriation. The client hired multiple scientists
executives from a top competitor, prompting dem
s for an investigation into potential misappropriation of confidential information. Advised the client on the investigation's scope
negotiated with the competitor, successfully preventing contamination of the client's R&D pipeline
avoiding litigation.
Represented a quantum computing company in a pre-litigation claim of trade secret misappropriation by a competitor. The client hired a C-suite scientist from a competing firm, who was alleged to have improperly exfiltrated confidential R&D information. Advised the client on an internal investigation to ensure no unauthorized use of competitor technology
negotiated a resolution with the competing firm to avoid litigation.
Represented Dicerna Pharmaceuticals, Inc., a publicly traded biotech, against claims of trade secret misappropriation by a competing biotech company. Dicerna asserted novel counterclaims for abuse of process, tortious interference,
unfair trade practices based on its competitor's alleged bad-faith litigation conduct. The counterclaims survived three rounds of dispositive motion practice. After resolution of the trade secret litigation, Dicerna was acquired by Novo Nordisk for $3.3 billion.
Represented a biotech CSO negotiating a post-merger employment agreement in connection with a large acquisition. The negotiation focused on the scope of the executive's noncompete agreement
going-forward confidentiality obligations.
Represented a biotech startup in investigating claims of trade secret misappropriation brought by a competitor
former employer of key personnel.
Represented a political data, polling,
communications firm in Washington, D.C. in a trade secret claim in which the client alleged a competitor used an elaborate scheme
false representations to obtain access to the client's confidential business information
then used the information combined with falsehoods to harm the client in the marketplace. Defeated a motion to dismiss the claims by Defendants, after which the case resolved.
Represented a packaging products sales firm in various trade secret, noncompete
confidential information matters related to incoming
departing sales employees. Assisted the client in implementing Massachusetts-compliant noncompete
NDA programs. Provided risk assessments for client on enforceability of noncompete
other restrictions on incoming new hires. Represented the client in successful litigation against departed employees who formed a competing company.
Represented a manufacturer of composite technologies in a noncompete enforcement program
related trade secret litigation against competitors. Managed reminder letters
related correspondence
filed suit where appropriate to protect client's trade secrets
confidential business information.
Represented a manufacturing company in a trade secret
false advertising lawsuit against a former employee they alleged departed to form a competing company, breached his noncompete agreement, misappropriated secret information about ingredients
product formulations,
falsely represented features of his competing products. Defeated the former employee's motion to compel arbitration
his motion for summary judgment in which he argued the alleged secrets entered the public domain through a patent application.
Represented a Fortune 100 energy company in arbitration against its former employees. Client alleged that former employees misappropriated investment strategies related to energy trading markets
breached their non-solicitation agreements in forming a competing company with several key employees.
Represented a pharmaceutical company executive in negotiating a modification to her noncompete agreement. The noncompete agreement as drafted would have effectively prevented the executive from working in her field. Negotiated a carve-out that allowed her to pursue opportunities with competitors after her departure from the company.
Other Intellectual Property Litigation: Represented the LEGO Group
WarnerMedia in defense of a patent litigation in the District of Delaware. Plaintiff asserted that the LEGO Dimensions video game system infringed 17 of Plaintiff's patents. Clients won institution of 5 petitions for inter partes review with the PTAB
won a related motion to stay the ongoing litigation in the District Court. The case resolved shortly thereafter.
Represented a biotech startup manufacturer of cellular genetic sequencing instruments in a licensing dispute with a major research university. Our client held a co-exclusive license to certain patents with a large competitor. The competitor alleged our client failed to meet certain milestones in its co-exclusive license from the university. Lead counsel in a two-week bench trial in the Massachusetts Business Litigation Session.
Represented a major news outlet against assertions of infringement by a non-practicing entity related to MPEG
HLS streaming st
ard.
Represented the operator of a payment network in connection with inventorship claims brought by a competitor. Won a motion to dismiss on complicated jurisdictional grounds in the District of Arizona.
Health Care Litigation: Represented a group of emergency medicine providers in challenging an audit by MassHealth. Successfully challenged the validity of the statistical sampling
extrapolation technique employed by MassHealth to audit alleged overpayments to emergency medicine providers.
Represented a group of emergency medicine providers in a four-day arbitration in the American Health Lawyers' Association. Health care payor claimed it had overpaid the emergency room providers for services. Challenged the statistical sampling
extrapolation technique employed by the payor. Won an arbitrator's award of money damages
a ruling that the insurer's audit procedure violated New York insurance law.
Represented a class of emergency medicine providers in Tennessee against a Managed Care Organization in challenging a reduction in reimbursement rates for emergency room services. Won a report
recommendation in favor of class certification on behalf of a class of emergency medicine providers
defeated defendants' motion for summary judgment on the underlying merits.
Consumer
Class Action Litigation: Represented a national mortgage lender in a two-day trial in the United States District Court for the District of Massachusetts
won a jury verdict for permanent injunctive relief
money damages. The Court also dismissed the opponent's counterclaims under the Massachusetts Consumer Protection Act (Chapter 93A).
Represented national mortgage lender in a two-day bench trial in the Massachusetts L
Court
won a verdict of title to a disputed property
all related attorney's fees. Opponent sought title to a disputed property
their attorney's fees under the Massachusetts Consumer Protection Act (Chapter 93A), but the Court entered judgment in favor of the client on all counts.
Represented a national mortgage servicer in a one-day bench trail. Client challenged the costs
fees incurred in rehabilitating a condemned property by a court-appointed receiver.
Consumer/Class Action Litigation: Represented a national mortgage servicer in Massachusetts Superior Court in defense of borrower claims of breach of contract
alleged violation of the Massachusetts Consumer Protection Act (Chapter 93A) based on an allegedly dishonored modification of his mortgage loan. The Superior Court granted summary judgment to the client on all counts.
Consumer/Class Action Litigation: Won a motion to dismiss a class action complaint against the vendor of automobile GAP plans. Plaintiffs alleged a violation of the Massachusetts Consumer Protection Act (Chapter 93A) on behalf of a putative class of Massachusetts consumers.
The above representations were h
led by Mr. Bombard prior to his joining Greenberg Traurig, LLP.
