Over the past several years, Adam R. Alper has established a track record of success, securing more than $2 billion in verdicts and settlements.
One of his notable cases involved trade secret misappropriation, unfair competition and breach of contract claims against Syntel by TriZetto and its parent company, Cognizant Technology Solutions, in the healthcare software systems sector. In this complex and high-stakes case, Alper and his Kirkland team emerged victorious, securing an $855 million damages award following a weeklong jury trial. Syntel Sterling Best Shores Mauritius Ltd. et al. v. The Trizetto Group Inc. et al ., 1:15-cv-00211 (S.D.N.Y., filed Oct. 27, 2020).
Although Judge Lorna G. Schofield later reduced the punitive damages to $285 million, the compensatory award remained at $285 million, resulting in a total award of $570 million in damages for Cognizant.
In another significant matter, Alper represented Motorola Solutions in multiple complaints alleging trade secret misappropriation, copyright infringement, and patent infringement against Hytera Communications. Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd., et al . 1:17-cv-01973 (N.D. Ill, filed March 14, 2017).
The case concluded with a complete jury verdict win in February 2020, leading to an ultimate judgment in excess of $600 million, including attorney fees and interest. Kirkland successfully convinced the court to award Motorola an ongoing royalty on all future sales of Hytera's infringing products and a hearing to hold Hytera in contempt for failing to pay the court-ordered royalty was scheduled.
"Our cases have involved large, well-capitalized misappropriators that have gone to great lengths using improper means to push their way into the markets at issue," Alper said. "Our clients have stayed the course, which has yielded success, but that has required real focus and energy over the course of these matters to bring them to a fair and just result."
These cases are noteworthy because they involve substantial acts of theft by competitors trying to gain market advantage through unethical means, and Alper's team successfully brought them to justice.
"As we continue to move away from the pandemic, we'll continue to see an increasing number of trade secret cases, and in particular DTSA cases, go to trial," Alper said. "That will provide additional guidance regarding the key issues that arise in trade secret cases and how to try them. That's great for the development of this area of the law and exciting from the perspective of a trial lawyer. Principles surrounding trade secret damages will continue to be a key area of development as we obtain further guidance from appeals and district courts."
Alper also served as lead pro bono counsel for Future Youth Records, a nonprofit organization acting as a record label for underprivileged artists. He assisted the organization in addressing intellectual property issues, strategic planning, and promotion, focusing on creating music that addresses critical issues like diversity, equality and world peace.
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