is a trial lawyer and partner at Robins Kaplan LLP in the Insurance and Catastrophic Loss practice group. His practice focuses on representing large business insurers in first-party coverage, third-party coverage, bad faith, inspection, and industrial subrogation claims. His practice is nationwide with an emphasis in Atlanta and the southeast.
For more information or to contact James, please visit his Firm Profile Page.
Recent multi million-dollar jury verdicts on trade secret misappropriation claims reflect that there can be significant risk to companies when employees leave or joint development relationships dissolve. Coupled with the passage of the federal Defend Trade Secrets Act of 2016, which created a federal civil cause of action for such claims, these verdicts have heightened the need to refine intellectual property protection strategies. But even with greater attention paid to improving protection measures, litigation can be inevitable, and such cases, as demonstrated by a recent survey conducted by the American Intellectual Property Law Association (AIPLA), can be expensive. Companies should consider whether insurance coverage is available to cover litigation costs. In this article we examine a sampling of cases where coverage questions were raised in connection with intellectual property disputes and the differing outcomes which ensued.