Brent Caslin

Brent Caslin is a co-founder of Jenner & Block's Los Angeles office and co-chair of one of the nation's premier trade secrets practices.

One of his recent major cases was defending Bank of Southern California against allegations made by its significantly larger rival, PacWest Bank. PacWest Bank v. Bank of Southern California , 20STCV46002 (L.A. Sup. Ct., filed Dec. 1., 2020).

PacWest claimed that a group of its former employees had departed to join Bank of Southern California, taking with them purportedly confidential and proprietary information. Notably, the case delved into complex issues of preemption under the California Uniform Trade Secret Act, resulting in the Superior Court dismissing four of the plaintiff's non-CUTSA claims in 2022, citing the preemption doctrine. Ultimately, the case reached a confidential settlement in 2022.

In Epic Systems Corp. v. Tata Consultancy Services Ltd , Caslin led the investigation and initiated the lawsuit that culminated in one of the most substantial trade secret and corporate espionage verdicts in U.S. history. Epic Systems Corp., a leading health care software company, filed the lawsuit against Tata Consultancy Services (TCS), a part of one of India's largest industrial conglomerates. The verdict in favor of Epic Systems Corp. represents one of the largest trade secret verdicts in U.S. history, with significant damages awarded. Even after appeals, the verdict was upheld, resulting in a substantial judgment in favor of Epic Systems Corp.

"The journey from the beginning of the dispute in 2014, when we first started looking into allegations of misappropriation, to the case's present status nearly a decade later, has been fascinating to experience," Caslin said. "It provides a valuable case study for any young lawyer who would like to learn how real-life international trade secret theft plays out in our civil court system. The verdict and various decisions from the trial and appellate courts offer a stark warning that stealing confidential information from a U.S. company can result in significant repercussions."

When asked about trends in the trade secrets field that may need to be addressed in the future, Caslin responded, "This is easy ... Artificial Intelligence. AI applications may learn confidential information, either from behind a firewall or from a third party, including third parties the application's owner may owe confidentiality obligations to. How will they treat it? Many questions will be asked over the next few years surrounding AI and trade secret law, and the law generally, and it will surely be exciting to watch."

In addition to his professional accomplishments, Caslin is committed to pro bono work and serves on the board of directors for the EOD Warrior Foundation, advocating for veterans and members of the military. He is also an adjunct professor at Pepperdine University School of Law, where he teaches intellectual property issues, including trade secrets.