Assisting in dispute over ‘trade secrets’ in intermodal transportation

Challenge

This case, in federal district court, involved exports of natural resources via container from a US inland port. Our client established a successful intermodal operation at the site of an earlier venture. The opposing party claimed damages for use of intellectual capital (‘trade secrets’) purportedly provided in the course of failed collaboration discussions between the parties.

Approach

• Analyses:
  • Researched comparable export flows, containerization, rail-based movements to ocean ports and handling of materials at inland points.
  • Analyzed the specifics of the earlier operation and the later one, in terms of organization, technology and costs.
  • Evaluated the extent to which critical information was publicly available or readily ascertainable.
• Report:
  • Developed an expert report refuting the opposition’s claims.
• Support to attorneys:
  • Provided detailed questions for use in deposing key opposition witnesses.

Results

• Case was settled out of court, shortly before the scheduled trial date.