Tracing its roots to 1871, Bradley Arant Boult Cummings LLP has over 138 years of client-driven experience. With more than 370 seasoned lawyers, our firm is experienced in a wide variety of practices, providing clients with access to fast, effective and reliable legal solutions. We invite you to browse our new website for more information.

On July 26, the United States Court of Appeals for the Fourth Circuit set aside an injunction that would have required four of TVA’s coal-fired power plants in Alabama and Tennessee to install environmental controls costing between $1-$3 billion. In a 34-page opinion, the Fourth Circuit unanimously concluded that the district court’s injunction “compromised principles of federalism by applying North Carolina law extraterritorially to TVA plants located in Alabama and Tennessee.” Kevin Newsom, who chairs BABC’s appellate litigation group, argued the case for the State of Alabama, which intervened (in support of TVA) to protect its sovereign interests. BABC associate Brian Vines assisted in briefing the case. TVA was very well represented by in-house counsel Harriet Cooper.

At Bradley Arant Boult Cummings LLP, we combine the talent and experience of our lawyers into multi-disciplinary client and industry teams to better identify and resolve clients’ legal and business needs. Our skilled lawyers are highly recognized in industry publications, with The Best Lawyers in America® and Chambers USA consistently ranking Bradley Arant Boult Cummings LLP among the top in the nation. We invite you to explore our lawyer profiles for specific information, including biographies, case histories, related articles and more.

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Trade Secrets

Experience

Litigation involving misappropriation of trade secrets

Plaintiff alleges that defendants misappropriated plaintiff's trade secrets, including intellectual property contained in computer software. Defendants deny the allegations.

$26.5 million jury verdict in trade secrets case

The information technology subsidiary of HCA, Inc. sued our software developer clients for alleged trade secrets misappropriation. We filed a counterclaim for defamation and interference with prospective business relationships. Following a two-week jury trial, the jury returned a verdict in favor of our clients on the trade secret misappropriation claim and awarded them $1.5 million in compensatory damages and $25 million in punitive damages on their defamation counterclaims. The verdict was listed in The National Law Journal's Top 100 Verdicts of 2004.

First Team Technology, Inc. v. Solid Earth, Inc., N.D. Fla. 2002

Represented defendant in copyright infringement case involving computer software. Settled after obtaining partial summary judgment on copyright infringement and trade secret claims.

Integrated Management Solutions, Inc. v. Smith, et al. (N.D. Ala.)

Represented plaintiff in asserting claims for copyright infringement and trade secret misappropriation.

Marketron v. OneDomain, Inc., CV-03-6465 (Cir. Ct., Jefferson County, AL 2003-06)

Trade Secrets Misappropriation Case; favorable settlement on counterclaims after dismissal of original claims against client.

Micros Systems, Inc. v. Sanmina-SCI Corpo, et al. (N.D. Ala.)

Defended Sanmina-SCI in trade secret litigation.

Sigma-Aldrich, Inc. v. Open Biosystems, Inc. (E.D. Missouri)

Defended Open Biosystems, Inc. in patent infringement and trade secret misappropriation.

Bet-the-company litigation

Successfully defended numerous defendants in bet-the-company litigation involving allegations of trade secret misappropriation, breach of non-compete and non-disclosure agreements, and numerous state-law tort claims. After obtaining summary judgment on all counts and an attorney fee award, settled case favorably for clients on eve of trial of their counterclaims against original plaintiffs.

Litigation involving claim of trade secret misappropriation

Successfully defended client against trade secret misappropriation claim and counterclaim with breach of contract suit.

Report and testimony concerning misappropriation of trade secrets

Provided an report and testimony concerning misappropriation of trade secrets and the reasonableness of an award to the defendants of attorney’s fees in excess of $1 million.

Trademark opposition proceeding before Trademark Trial and Appeal Board

Won a trademark opposition proceeding in which the Trademark Trial and Appeal Board found that the mark, SPACE CAMP, is “famous.”