Seth Gerber

Seth Gerber leads the intellectual property trade secrets working group at Morgan, Lewis & Bockius LLP and has a strong track record of defending clients in intricate mass raid cases, often securing favorable verdicts after lengthy jury trials. Moreover, he has handled ex parte applications for temporary restraining orders and motions for preliminary injunctions in various jurisdictions.

In the case of USI Insurance Services, LLC v. Aitkin , Gerber achieved a complete defense verdict in a U.S. District Court trial in Portland, Oregon. The case involved allegations of breach of employment agreements and misappropriation of confidential information.

In another matter, Gerber successfully defended his clients against a motion for a business-stopping temporary restraining order in a federal court in Illinois. Aon PLC v. Alliant Insurance Services, Inc ., 23- cv-03044 (N.D. Ill., filed May 15, 2023).

This case centered on the departure of 26 reinsurance professionals from Aon to join Alliant, with allegations of trade secret misappropriation.

"One of the most challenging aspects of presenting a case at trial is clearing your mind to explore new case themes so you can repackage the evidence in a new and compelling story for the jury," Gerber said. "As a trade secrets litigator, we often are asked to conduct expedited discovery and quickly present live testimony at a preliminary injunction hearing. Knowing what matters to a judge faced with an emergency request for injunctive relief is a very different situation than explaining your client's story to jurors with different backgrounds. Maintaining credibility and proving your client acted in good faith is paramount to showing why the plaintiff's claims lack merit."

Gerber acknowledges the evolving landscape of trade secrets law and the need for companies to adapt their protective measures continually. He emphasizes that the Federal Trade Commission's proposed nationwide ban on noncompete agreements may lead to an increase in trade secret litigation, highlighting the importance of safeguarding sensitive information.

"Ever-evolving technologies present so many new and novel ways to steal information, so companies must constantly adapt their protective measures and establish proactive offboarding and onboarding protocols designed to prevent contamination and misappropriation," he said.

Gerber also leads a pro bono team at Morgan Lewis in the postconviction defense of a man on death row in Louisiana. He has received the Wiley M. Manuel Award from the State Bar of California for his pro bono work, and he previously chaired the board for the Pacific Southwest Region of the Anti-Defamation League (ADL), an organization dedicated to combating hatred and bigotry.

He also gained recognition for his involvement in a lawsuit to recover sacred religious manuscripts looted during World War II, which the Daily Journal covered in 2011.

Geber also serves on the Steering Committee for the Sedona Conference, specifically in Working Group 12, which focuses on trade secrets. He also co-leads Sedona groups related to forensics and the Defend Trade Secrets Act (DTSA) jury instructions.