Michael De Vries

Over the past few years, Michael De Vries has secured verdicts and settlements totaling more than $2 billion in trade secrets cases. Notably, he has achieved four consecutive plaintiff-side wins in such cases and six straight jury trial victories as lead counsel. His most recent success came in May 2023, representing The Trizetto Group Inc., in a trade secrets case in the second circuit.

De Vries' significant accomplishments extend to a variety of high-profile cases, often working alongside his longtime partner, Adam Alper, and the Kirkland team. Notable achievements include a $40 million damages award plus post-judgment interest and a permanent injunction secured for Kirkland's client, Comet, against XP Power LLC in March 2023. Comet Technologies USA Inc., et al. v. XP Power LLC , 5:20-cv-06408 (N.D. Cal., filed Sept. 11, 2020).

In the litigation involving radio frequency (RF) power technology, De Vries and the Kirkland team represented Comet and successfully addressed trade secret theft allegations against competitor XP Power LLC in the U.S. District Court for the Northern District of California. Forensic investigation and analysis played a crucial role in uncovering evidence that XP continued to use Comet's trade secrets despite claiming otherwise. This case highlighted the importance of addressing trade secret theft in the modern innovation economy.

Another significant case representing Motorola Solutions, Inc. involved allegations of trade secret misappropriation, copyright infringement and patent infringement. Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd., et al. 1:17-cv-01973 (N.D. Ill, filed March 14, 2017).

De Vries and the Kirkland team secured a significant victory with a complete jury verdict in favor of Motorola in February 2020, resulting in a judgment exceeding $600 million, including attorneys' fees, costs, and interest. The team also convinced the court to award Motorola an ongoing royalty on future sales of Hytera's infringing products. Additionally, federal indictments were unsealed, charging Hytera with conspiracy to commit trade secret misappropriation and related offenses.

De Vries acknowledges the significance of the Motorola case in shaping trade secrets law, particularly under the Defend Trade Secrets Act (DTSA) enacted by Congress in 2016. This case has provided important legal precedents regarding remedies available to successful plaintiffs under the DTSA and the extraterritorial application of the statute.

"The Motorola case is especially significant to the trade secret field and to competitor-vs.-competitor IP litigation generally," De Vries said. "That case ... has involved resolution of critically important legal issues coming out of one of the largest trade secret cases to be litigated under the Defend Trade Secrets Act (DTSA) enacted by Congress in 2016. Those issues include damages and other remedies available to a successful plaintiff under the DTSA, as well as the extraterritorial application of that statute. That case has also led to a number of other first-of-their-kind proceedings, including a successful post-trial contempt motion resolved in Motorola's favor this past summer related to substantial payments owed by Hytera in connection with a royalty order entered by the Court."

De Vries highlights the need for further guidance from the courts on remedies available for trade secret misappropriation cases, particularly under the DTSA, given the recent enactment of the statute.

He said, "There are a number of trends that will need to be addressed and resolved by the courts in the near future. While it is difficult to single out just one, it is clear that additional guidance concerning the remedies available for trade secret misappropriation are an area of particular importance. The DTSA statute provides for certain remedies that should be uniformly available throughout the country, and I expect that trade secret litigants will continue to receive more guidance from the courts about that important issue."

Beyond his legal practice, De Vries serves as a board member of the Federal Bar Association of Orange County and plays a role on the planning committee for the USC Law IP Institute. Additionally, he oversees pro bono matters for Inner City Law Center, demonstrating his commitment to serving the community through legal advocacy.