A dismissal with prejudice is a plaintiff’s worst fear realized. When it comes to alleging a proper claim for trade secret misappropriation, the Western District of Kentucky recently reminded plaintiffs just how critical it is to “kick the tires.” In Raben Tire Co., LLC v. McFarland, Case No. 5:16-cv-00141 (W.D. Ken.), plaintiff Raben Tire Co., LLC, alleged misappropriation of trade secrets against two former employees under the Defend Trade Secrets Act of 2016 (“DTSA”), 18 U.S.C. § 1831 et seq., and the Kentucky Uniform Trade Secrets Act (“KUTSA”), Ky. Rev. Stat. § 365.880 et seq., along with a handful of additional common-law claims. READ MORE
Matthew S. Ingles
Matthew Ingles practices litigation and dispute resolution in Orrick’s Los Angeles office and is a member of the firm's Complex Litigation and Dispute Resolution group. He routinely counsels clients on complex business, antitrust, trade secret and intellectual property law matters.
Matt has achieved highly favorable results for clients in a wide range of industries, with a focus on technology, finance and energy, and also including fashion, consumer retail and real estate. He also routinely counsels clients such as drone manufacturers, tech start-ups, cosmetics companies, fashion companies, and hospitality companies on a wide-variety of business and legal issues.
Matt has represented clients in all aspects of litigation in both state and federal courts around the country and has served as lead trial counsel or counsel of record in several state and federal court actions. He has co-authored briefs in state and federal appellate courts, including the United States Supreme Court, and has argued before New York appellate courts.
Matt has been recognized for his commitment to pro bono service by both the Legal Aid Society of New York and the New York State Bar Association. He is a member of the Surfrider Foundation's Legal Issues Team and has worked with the California Lawyers for the Arts.
Prior to joining Orrick, Matt served as a Special Assistant District Attorney with the Kings County District Attorney’s Office in Brooklyn, N.Y., where he was a first-chair trial attorney and tried several cases to verdict.
Representative engagements include:
- IVM Corp. et al v. Zuellig Group N.A., Inc et al - Served as lead counsel to a French nutraceutical company in federal litigation arising out of a commercial real estate transaction.
- CuratorLA LLC v. Haoud et al - As lead counsel, secured dismissal of all claims against a well-known actor in a business fraud case.
- S.D.I.C. Zhonglu Fruit Juice Co., Ltd v. Clement Pappas & Co., Inc. et al - As counsel of record, obtained dismissal of all claims without leave to amend for a shipping and distribution company in an international trade secrets litigation in federal court.
- Miniframe Ltd. v. Microsoft - Secured dismissal of all claims and affirmance by the United States Court of Appeals for the Second Circuit in federal antitrust and intellectual property litigation.
- Basin Electric Power Cooperative v. Macquarie Basin Leasing LLC - Obtained judgment on the pleadings and summary judgment for an energy cooperative in federal litigation concerning a commercial lease.
- Microsoft Corp. v. Samsung Corp. - Represented Microsoft in a multi-billion dollar lawsuit against Samsung in the Southern District of New York concerning the effect of Microsoft's acquisition of Nokia on the companies' patent cross-license agreement.
- Korea FTC v. Microsoft - Member of the team representing Microsoft as lead U.S. outside counsel in resolving the Korea FTC's opposition to Microsoft's $7.2B purchase of Nokia's devices and services business.
- Barclays Capital Archstone Litigation - Represented Barclays Capital in its divestiture litigation over Archstone Holdings, Inc., a $22 billion real estate investment trust. After an expedited trial before the Southern District of New York, the court found for Barclays on all issues, allowing Barclays and Bank of America Merrill Lynch to dispose of several billion dollars in disputed assets.
- FHLBS v. Barclays - Represented Barclays Capital and Barclays Bank PLC in litigation over the bank's sale of hundreds of millions of dollars worth of residential mortgage backed securities.
- Union Carbide Corporation - Member of the Orrick team representing Union Carbide (a wholly owned subsidiary of The Dow Chemical Company) as national counsel and litigation counsel in connection with asbestos-related personal injury lawsuits.
Posts by: Matthew Ingles
Here at TSW, we continue to watch closely the case law developing under the new Defend Trade Secrets Act of 2016 (DTSA), which attempts to harmonize divergent state laws by creating a single federal framework for trade secrets misappropriation lawsuits. The Northern District of California appears to have won the race to be the first federal court to enter a written decision under the DTSA. The early rulings in this case already give us some food for thought when it comes to litigating trade secret claims under the DTSA. READ MORE
While they say that a grand jury could “indict a ham sandwich,” the First Circuit recently reminded chefs that you can’t copyright a chicken sandwich. Specifically, a former employee of a Puerto Rican Church’s Chicken franchisee sued the franchisee for copyright infringement for the recipe to the “Pechu” sandwich, a sandwich he and his wife claimed to have created in the late-80s . After hunting and pecking over the relevant authorities, the First Circuit clucked in disapproval, reminding the culinary world that the recipe for the sandwich at issue, no matter how tasty, is not copyrightable. READ MORE