Randall (Randy) E. Kay

Randall (Randy) E. Kay has earned his status as a leading U.S. trade secret lawyer through his representation of pioneering technology and life sciences companies in some of the most significant trade secret lawsuits in the U.S.

>One of his notable cases involved representing a San Diego health care company in a high-stakes international trade secret litigation against global data science entities and individuals based in the United Arab Emirates. In this complex legal battle, Kay navigated through intricate pleadings and evidentiary challenges. He secured multiple summary judgments and ultimately reached a settlement on the eve of the trial in February 2023.

Kay also played a pivotal role in co-leading Jones Day's representation of San Diego's MedImpact Healthcare Systems in another international trade secret dispute against IQVIA and two of its principals. This case stemmed from IQVIA's alleged misuse of MedImpact's trade secrets in competing software systems deployed in the Middle East. MedImpact Healthcare Systems, Inc. et al. v. IQVIA Inc ., 19-cv-01865-GPC-DEB (S.D. Cal., filed Sept. 26, 2019).

Kay's efforts were instrumental in demonstrating personal jurisdiction over the Middle Eastern defendants, paving the way for a series of successful outcomes in various legal battles, including jurisdictional disputes, summary judgment motions, choice of law challenges and Daubert challenges. Importantly, MedImpact prevailed in proving that its trade secrets were protectable and that IQVIA had misappropriated them.

Beyond these high-profile cases, Kay's involvement extends to advising an international security manufacturer on its trade secret protection program. He is developing a comprehensive trade secret policy and plan for the company, offering guidance to its leaders on safeguarding trade secrets, crafting agreements and policies to protect these assets and providing training to employees on respecting and preserving the company's confidential information.

Kay's specialization in international trade secret cases involves navigating intricate challenges, including subject matter jurisdiction and personal jurisdiction issues, when asserting claims against foreign defendants. He often conducts jurisdictional discovery on other continents and faces additional complexities related to language barriers and time zone differences during remote depositions. Furthermore, he meticulously addresses admissibility challenges by ensuring that his legal team collects the necessary evidence for authentication and admissibility at trial.

When asked about the road ahead in trade secret litigation, Kay said, "In the coming years, I see cases having even more digital forensics to prove misappropriation, we will have more disputes over artificial intelligence technologies, and more of our trade secret lawsuits will head to international arbitration. I also see more and more case filings in complex international trade secret disputes where the parties' dealings cross borders. It is a great time to specialize in trade secret litigation."

Kay also actively contributes to the legal community. He co-edited and co-authored a trade secret treatise published by the California Lawyers Association, which comprehensively covers the Defend Trade Secrets Act and the California Uniform Trade Secrets Act. He also serves as the Senior Editor of "Framework for Analysis on Trade Secret Issues Across International Borders," a publication by The Sedona Conference.