David Almeling

Our Team
David Almeling

Partner

San Francisco Office

Overview Experience Insights News Credentials

David Almeling is Chair of O’Melveny’s Trade Secret Group and one of the country’s leading attorneys in trade secret law. IAM Patent 1000 calls him a “trade secret authority” and “one of the country’s best trade secret litigators." Legal 500 places him its Hall of Fame category, listing him as one of the top eight trade secret lawyers in the country. And the World Intellectual Property Review places him in its Highly Recommended category, listing him as one of the top fourteen trade secret lawyers in the country.

David has represented clients in countless matters that span the full range of trade secret and employee mobility issues, from advising on protection programs to investigating alleged thefts to litigating trade secret cases in the US and abroad. David's work on trade secrets also include:

He has taught trade secret law at UC Berkeley Law School for each of the last six years.
He has testified at the invitation of Congress on safeguarding trade secrets.
His book, Trade Secret Law and Corporate Strategy, is now in its fourth edition.
He is Chair of the Sedona Conference Working Group on trade secrets, which includes more than 200 of the leading lawyers, judges, and academics in this field.
He is one of seven co-authors of the “Trade Secret Case Management Judicial Guide,” a 400-page treatise published by the Federal Judicial Center, the educational and research agency of the federal courts.

David is also an accomplished patent litigator. IAM Patent 1000 describes him as an “up-and-coming star” who “gets great results.” David advises clients on patent strategy and litigates patent cases. He also represents clients at the US Patent & Trademark Office.

Examples of Trade Secret Matters

Represented a California-based life sciences company in a case in which former employees and the new company they formed misappropriated trade secrets to develop competing technology relating to oligonucleotide synthesis and DNA printing technology. The favorable cash settlement of $22.5M would rank among the top-ten trade secret jury verdicts for a ten-year stretch according to data from Lex Machina. (California state court)

Examples of Patent and Other Litigation

Defended Mountain View-based multinational public cloud computing company in over three dozen patent matters, including serving as a second chair in a jury trial in D. Del. and achieving an across-the-board victory with verdicts of invalidity and noninfringement in a case involving terrain visualization software where the plaintiff sought more than $100 million in damages.

Admissions

Bar Admissions

California

Court Admissions

US District Court, Northern, Southern, Central, and Eastern Districts of California
US District Court, Western District of Washington
US Court of Appeals, Third, Seventh, Ninth, Eleventh, and Federal Circuits
US Supreme Court

Education

Duke University, J.D.: high honors; Order of the Coif; note editor, Duke Law Journal; Moot Court Board
University of Florida, B.A., Political Science: highest honors; valedictorian; Phi Beta Kappa

Honors & Awards

Recognized by World Intellectual Property Review as Highly Recommended in its Global Trade Secrets category (2024)
Named as a member of the “Hall of Fame” by The Legal 500 US for Trade Secrets (2023-2024)
Recommended by The Legal 500 US for Trade Secrets (2016-2018, 2020-2024) and Patents: Litigation (2020, 2022-2023)
Recognized by Managing IP as a California Patent Star (2023-2024)
Recognized as a leading attorney in the IAM Patent 1000 (2016-2024), which described him as an “up-and-coming star” who “gets great results,” and a “trade secret authority” and “one of the country’s best trade secret litigators.”
Recommended by Who’s Who Legal for IP – Trade Secrets (2023-2024)
Recognized by Best Lawyers® for Litigation - Intellectual Property (2023-2024)
Recognized by The Daily Journal as a Top Trade Secrets Lawyer (2020)
Named to the 40 & Under Hot List in Intellectual Property by Benchmark Litigation (2018 & 2019)
Named one of Law360’s “Rising Stars” (2017), which identifies the top attorneys in the US under age 40.
Named in The National Law Journal’s 2014 list of “Intellectual Property Trailblazers & Pioneers,” which highlights the top 50 intellectual property lawyers “who are raising the bar in intellectual property law.”
Recipient of a 2014 Distinguished Legal Writing Award from the Burton Awards.
Named on The Recorder’s 2013 list of “Lawyers on the Fast Track,” which identifies 50 California lawyers “whose early accomplishments indicate they will be tomorrow’s top lawyers and leaders.”
Named a “Rising Star” in intellectual property litigation in each of the 2013-2019 surveys conducted by Law & Politics Media Inc. and published in Northern California’s Super Lawyers magazine and San Francisco magazine.

Professional Activities

Clerkships

Honorable Gerald B. Tjoflat, US Court of Appeals, Eleventh Circuit (2004-05)

Organizations

The Sedona Conference, Working Group 12 on Trade Secrets, Vice Chair, Member of Steering Committee and Co-Lead on the Drafting Team responsible for the proper identification of asserted trade secrets and Drafting Team for monetary remedies
The Trade Secret Committee of the American Intellectual Property Law Association (former chair of various subcommittees)
The Lawyers and Judges Golf Association of Northern California

Author and Co-author (Example Publications)

“Trade Secret Law and Corporate Strategy“, (Fourth Edition, LexisNexis 2024)
Trade Secret Case Management Judicial Guide (2023)
“7 Ways To Approach The Difficulties of Trade Secret Litigation,” IP Law360 (December 21, 2022)
“Commentary on Monetary Remedies in Trade Secret Cases, Public Comment Version,” The Sedona Conference (May 24, 2022).
“Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases,” 22 Sedona Conf. J. 223 (2021)
“Disputed Issues in Awarding Unjust Enrichment Damages in Trade Secret Cases,” 19 Sedona Conf. J. 667 (2018).
Safeguarding Trade Secrets in the United States: Hearing before House Subcommittee on Courts, Intellectual Property and the Internet, April 17, 2018 (written statement)
“Trade Secret Law and Corporate Strategy,” (Third Edition, LexisNexis 2018)
“A Survey of In-House Attorney Views on Trade Secrets,” IP Law360 (January 12, 2018)
“The Shifting Junction of Trade Secret Law and Noncompetes,” IP Law360 (August 17, 2016)
“Trade Secret Law and Corporate Strategy,” (Second Edition, LexisNexis 2015)
“Defend Trade Secrets Act — A Primer, an Endorsement, and a Criticism,” Patently-O (May 30, 2014)
“Recent Trade Secret Reform, and What Else Needs to Change,” IP Law 360 (September 23, 2013)
“Seven Reasons Why Trade Secrets Are Increasingly Important,” 27 Berkeley Technology Law Journal 1091 (November 2012), judged one of the best intellectual property articles published in 2012 and selected for inclusion and republication in the 2013 edition of the Intellectual Property Law Review
“Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategy,” (Oxford University Press 2012)
“The New, Improved Prior Use Defense: The Same Patent vs. Trade Secret Calculus,” Trade Secret Litigator (April 17, 2012)
“First Patent Reform, Now Trade Secret Reform,” Patently-O (October 12, 2011)
“Pros and Cons of Criminal Prosecution vs. Civil Enforcement,” Trade Secret Litigation and Prosecution in California Supplement (2011)
“A Look At State Court Trade Secret Stats,” IP Law360 (March 1, 2011)
“A Statistical Analysis of Trade Secret Litigation in State Courts,” 46 Gonzaga Law Review 57 (February 2011), judged one of the best intellectual property articles published in 2011 and selected for inclusion and republication in the 2012 edition of the Intellectual Property Law Review
“Tracking Trade Secret Stats,” IP Law 360 (March 25, 2010)
“A Statistical Analysis of Trade Secret Litigation in Federal Courts,” 45 Gonzaga Law Review 291 (March 2010)
“A Practical Case For Federalizing Trade Secret Law,” IP Law 360 (June 23, 2009)
“Four Reasons to Enact a Federal Trade Secrets Act," 19 Fordham Intellectual Property, Media & Entertainment Law Journal 769 (April 2009)
“Trade Secrets: The Identification Issue,” National Law Journal (August 2008)
“DOJ, FTC Redefine Antitrust Rules on Patent Pools,” National Law Journal (October 29, 2007)
“The Infringement-Plus-Equity Model: A Better Way to Award Monetary Relief in Trademark Cases,” 14 Journal of Intellectual Property Law 205 (2007)
“Patenting Nanotechnology: Problems with the Utility Requirement,” Stanford Technology Law Review, N1 (2004)
“The Problems of Pouring-Rights Contracts,” 53 Duke Law Journal 1111 (2003)

Speaker (Example Presentations)

“Advanced Trade Secrets 2024: Monetary Remedies for Misappropriation,” Practising Law Institute (Oct. 15, 2024)
Co-Chair, The Sedona Conference Working Group 12 Annual Meeting 2024 (Sept. 9-10, 2024)
“Navigating the FTC’s Rule Banning Non-Competes and How Companies Can Still Protect Valuable Trade Secrets,” California Lawyers Association (July 10, 2024
“Hot Topics in Trade Secrets Protection, Enforcement & Litigation,” Sandpiper Partners LLC (April 30, 2024)
Co-Chair, The 2024 Sedona Conference on Global Intellectual Property Litigation (March 5-6, 2024)
“Trade Secret Summit: Equitable Remedies in Trade Secret Litigation: Injunctions, Disgorgement and Royalties,” American Intellectual Property Law Association (Mar. 15, 2024)
“IP Issues in Business Transactions,” Practising Law Institute (Feb. 2024)
“Client Counseling: Trade Secrets for Patent Prosecutors,” 24th Annual Berkeley-Stanford Advanced Patent Law Institute (Dec. 2023)
“Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities,” Practising Law Institute (Oct. 17, 2023)
Co-Chair, The Sedona Conference Working Group 12 Annual Meeting 2023 (Sept. 11-12, 2023)
“What Does the FTC’s Crackdown on Non-competes Mean for Trade Secrets?” California Lawyers Association (March 2023)
“Identifying Trade Secrets: More Important Than Ever,” Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities, Practising Law Institute (Oct. 2023)
“Basic IP Principles and Recent Developments,” IP Issues in Business Transactions, Practising Law Institute (Feb. 2023)
“Trade Secrets Protection, Enforcement, and Litigation,” Sixth Annual San Francisco Conference, Sandpiper Partners LLC (Jan. 31, 2023)
Co-Chair, The 2023 Sedona Conference on Global Intellectual Property Litigation (Jan. 9-10, 2023)
Co-Chair, The Sedona Conference WG12 Annual Meeting (Sept. 7-8, 2022)
“Trade Secret Year in Review,” Berkeley Center for Law & Technology (May 11, 2022)
“Monetary Remedies in Trade Secret Litigation,” The 2022 Sedona Conference on Trade Secrets (May 10, 2022)
“IP Issues in Business Transactions,” Practicing Law Institute (Feb. 3, 2022)
“Trade Secret Law and Case Management,” The Federal Judicial Center (Aug. 27, 2021)
“New IP Issues Impacting Business Transactions,” Practicing Law Institute (Feb. 12, 2021)
“Trade Secrets Protection, Enforcement & Litigation,” Sandpiper Partners (Dec. 6, 2020)
“Caselaw Synergies: Six Recent Trade Secret Cases,” The Sedona Conference (Nov. 9, 2020)
“Webinar on TSC Commentary on Proper Identification of Asserted Trade Secrets in Misappropriation Cases,” The Sedona Conference (May 19, 2020)
“Identification of Trade Secrets,” Sedona Conference on Trade Secrets (Nov. 5, 2019)
“The Intersection of Patent and Trade Secrets,” Federal Circuit Bar Association’s Bench & Bar Conference (Jun. 12, 2019)
“Trade Secret Update,” Rocky Mountain IP Institute (May 31, 2019)
“Recent Developments in Trade Secret Law,” Practicing Law Institute (Feb. 7, 2019)
“Identification of Trade Secrets,” The Sedona Conference on Trade Secrets (Nov. 5, 2018)
“Trade Secret Protection, Enforcement, and Litigation,” Sandpiper Partners (Sept. 27, 2018)
“Recent Statistics on Trade Secrets and Key Developments in the First Two Years of the DTSA,” Intellectual Property Owners Association (June 5, 2018)
“Defend Trade Secret Act as It Approaches Its Second Birthday,” Law Seminars International (May 4, 2018)
“Top 10 Developments in the First Two Years of the Defend Trade Secrets Act,”NYIPLA and NJIPLA Trade Secrets and Cybersecurity Conference (April 18, 2018)
Safeguarding Trade Secrets in the United States: Hearing before House Subcommittee on Courts, Intellectual Property and the Internet, April 17, 2018 (statement of David S. Almeling)
“Trade Secret Damages,” Inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues (Dec.7, 2017)
“Trade Secrets 2016: What Every IP Attorney Should Know”, Practicing Law Institute (Dec. 5, 2016)
“The Defend Trade Secrets Act,” Asian American Bar Association (Aug.18, 2016)
“New Patent and Trade Secret Issues Impacting Business Transactions,” Practicing Law Institute (Feb. 25, 2016)
“IP Issues in Business Transactions: Trade Secrets, Utility Patents, and Design Patents,” Practicing Law Institute (Feb. 26, 2015)
“Understanding IP Law for In-House Counsel and Other Non-IP Lawyers,” Bridgeport Continuing Education (Feb. 13, 2015)
“Developing Best Practices for Protecting Trade Secrets,” Trade Secret Summit (Dec. 5, 2014)
“New Trade Secret Legislation and the Changing Rules of Trade Secret Litigation,” Bridgeport Continuing Education (June 17, 2014)
“Updates on Recent Developments in Trade Secret Law: Legislation, Litigation, and Business,” American Intellectual Property Law Association (May 16, 2014)
“New Legal Issues Impacting IP Transactions: Copyrights, Trademarks, Domain Names, Patents, and Trade Secrets,” Practicing Law Institute (Feb. 27, 2014)
“Patents vs. Trade Secrets: Best Practices for Protecting and Enforcing IP,” California Bar Association Intellectual Property Law Section (Aug. 7, 2013)
“What Lawyers and Their Clients Need to Know about the Changing Balance of Power Between Trade Secrets and Patents,” American Intellectual Property Law Association (April 23, 2013)
“Introduction to Trade Secret Law, Its Increasing Importance, and Its Changing Balance with Patent Law,” University of Washington School of Law (Oct. 29, 2012)
“Understanding Patent Law and Trade Secret Law for In-House Counsel and Other Non-IP Lawyers,” Bridgeport Continuing Education (Aug. 24, 2012)
“Why Trade Secret Litigation is Booming, and Why That Matters to Clients,” Sonoma County Bar Association (Jan. 23, 2012)
“Why Every Lawyer Should Know More about Trade Secret Law,” California Bar Association IP Institute (Nov. 11, 2011)
“Six Reasons That Trade Secrets Matter More and More to American Companies,” Bridgeport Continuing Education’s Prosecuting and Defending Corporate Raiding, Customer Trade Secret, and Employee Mobility Cases (Feb. 25, 2011)
“Trade Secret Litigation - A Statistical Analysis of Recent Trends and Implications,” California State Bar Cyber Institute (Jan. 19, 2011)
“Trade Secret Considerations for In-House Counsel and Executives,” California State Bar Cyber Institute (Jan. 11, 2011)
“The Evolution of Trade Secret Law: Reflecting on 30 Years of the Uniform Trade Secrets Act,” Hamline Law Review Symposium (April 16, 2010)