Trade Secrets, False Advertising
Caplin & Drysdale
Trade Secrets, False Advertising

When the dispute involves business practices, Caplin & Drysdale attorneys are well-equipped to litigate and resolve disputes with effective advocacy and creative solutions.

Representative Engagements

  1. Caplin & Drysdale was retained by an SEC-registered investment adviser that was sued by a competitor. The lawsuit alleged that our client violated federal laws prohibiting false advertising and that it also violated trade secret and copyright law by wrongfully taking a computer program used to select stocks for investments. The plaintiff competitor sought millions of dollars in damages and an injunction that would have effectively put our client out of business.

    Result: Shortly after being retained, Caplin & Drysdale drafted advertising guidelines for our client, obtained the dismissal of the trade secrets and computer copyright claims, and drafted a letter for our client's customers explaining the litigation to them. The case was eventually tried. The Court awarded the plaintiff less than five percent of the damages it sought and required our client to follow the advertising guidelines Caplin & Drysdale had drafted. Because of our efforts, the client was able to continue using the computer program, continue its advertising efforts, and expand its business without interruption by its competitor.
  2. An executive in a prominent communications company was sued in an individual capacity in a nationwide class action alleging consumer fraud and retained the firm to defend him.

    Result: After successful motions to dismiss undercut key claims against the client, the case was settled before class certification.
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