Natalie Arbaugh

Trade Secret, Departing Employee and Trademark Litigation

• Trademark/Copyright/Counterfeiting—Serves as lead counsel in trademark and copyright infringement matters for international luxury fashion brand owners, including as part of their national anti-counterfeiting campaigns. Regularly manages litigations throughout the State of Texas and the nation, and consistently resolves cases on favorable terms—through settlement, motion for summary judgment, or otherwise. She has led more than 100 matters through resolution.
• Trade Secrets—Regularly counsels clients in broad range of noncompete, nonsolicitation, and departing employee issues.
• Trade Secret/Breach of Contract—On behalf of software solutions company, obtained an injunction prohibiting competitor from using or disclosing client’s trade-secret solutions in implementing solutions, tools, and technologies for competitor’s customers.
• Trade Secret Misappropriation/Breach of Contract—On behalf of a global petrochemical company, obtained temporary injunction against world’s third-largest chemical company in state court, alleging trade secret theft and breach of contract arising from defendant’s licensing of polyethylene technology to various manufacturers in other countries. Case settled on very favorable terms.
• Trade Secret Misappropriation/Breach of Contract/Inevitable Disclosure—On behalf of leading bank consulting and software services company, brought suit against former senior principals and competitor alleging theft of trade secrets and breach of fiduciary duty after employee resigned under suspicious circumstances. Obtained temporary restraining order against former employee on theory of inevitable disclosure. Subsequently developed proof, through computer forensic evidence, of employee’s transfer and use of thousands of client’s files, resulting in temporary injunction which, among other things, prohibited former employee from using and disclosing the client’s trade secrets and other confidential information, from soliciting client’s customers and employees, and from working in competition with client in revenue enhancement. Settled the lawsuit on favorable terms.
• Trade Dress Infringement—Represented cooler and drink ware manufacturer in series of litigations brought against it by competitor company.
• Trademark Infringement—Successfully defended yellow pages and marketing company against suit by national competitor alleging trademark infringement and unfair competition. Settled lawsuit on very favorable terms for nuisance value after presenting legal flaws to plaintiff.

Qui Tam Litigation

• Texas Medicaid Fraud/Conspiracy to Breach Fiduciary Duty—Represented whistleblower in co-prosecuting Medicaid fraud case with the State of Texas against one of the world’s largest consumer health and pharmaceutical companies. Case settled for US$158M, the largest Medicaid recovery in the history of the State of Texas.
• False Claims Act—Defended publicly traded human services provider in federal court FCA case in which State of Texas sought US$4B in damages. Lawsuit settled for a fraction of the claimed damages.

Class Action and Collective Action Litigation

• Representing edible bouquet client in defense of purported class action alleging violations of the Telephone Consumer Protection Act.
• Represented hotel chain in defense of allegations of violations of Telephone Consumer Protection Act and threat of class actions by several plaintiffs
• Represented leading watch manufacturer in defense of class-action claims of false advertising, deceptive practices and related claims arising out of “Made in America” claims
• Defended leading provider of business services for manufacturers and retailers in consumer goods industry in purported collective action claims of alleged unpaid overtime under the Fair Labor Standards Act. Obtained complete denial of collective action on company’s behalf. Case settled on very favorable terms.

Other Commercial Litigation

• Regularly advises clients in all aspects of contract disputes, from negotiation of contracts to pre-suit disputes to litigation.
• Breach of Commissions Contract—Obtained favorable jury verdict as second-chair trial counsel on behalf of leading provider of business services for manufacturers and retailers in the consumer goods industry. Former employee alleged breach of commissions agreement against client, which jury denied. Case settled on very favorable terms after trial.
• Breach of Disaster Recovery Contract—On behalf of disaster recovery and business continuity company, brought suit in a federal-court action alleging breach of disaster recovery agreement. Case settled on favorable terms.
• Fraud/Breach of Contract/Breach of Fiduciary Duty—Successfully defended Fortune 100 semiconductor and digital signal processing company in lawsuit by former employee and purchaser of client’s business in which purchaser claimed that client misrepresented facts and breached acquisition agreement in connection with sale of business. Settled the lawsuit for a fraction of the claimed damages.
• Breach of Computer Automation Contract—Defended leading global semiconductor company in state-court suit against allegations of breach of computer automation services contract. Settled the lawsuit on very favorable terms.

Employment and Collective Action Litigation

• Reverse Race Discrimination—Successfully defended college against claims alleging reverse race discrimination under Title VII and breach of contract arising from termination of professor. Obtained total summary judgment on behalf of client.
• Harassment/Race Discrimination—Successfully defended global communications company against claims in federal court alleging harassment in the workplace, race discrimination, defamation, and breach of contract arising from termination of employee. Obtained total summary judgment on behalf of client.
• Age Discrimination—Successfully defended leading provider of business services for manufacturers and retailers in the consumer goods industry against claims alleging age discrimination. Obtained nuisance-value settlement.
• Gender Discrimination—Successfully defended county against claims alleging gender discrimination. Obtained summary judgment on behalf of client.
• Pregnancy Discrimination—Successfully defended marketing company against claim of pregnancy discrimination arising from termination of employee. Obtained summary judgment on behalf of client.
• FLSA—Defended global insurance company against claim alleging violation of and retaliation under Fair Labor Standards Act in connection with wages paid to employee, resulting in a favorable settlement.
• FLSA Collective Action—Defended leading provider of business services for manufacturers and retailers in consumer goods industry in purported collective action claims of alleged unpaid overtime. Obtained complete denial of collective action on company’s behalf. Case settled.

Reported Decisions

• Tory Burch LLC and River Light V, LP. v. Lin & J International, Inc. Slip Copy, 2015 WL 3916271 (S.D.N.Y. June 25, 2015) (obtained trebled damages and judgment of over US$42M for defendants’ willful infringement)
• Tory Burch LLC and River Light V, LP v. Lin & J International, Inc., et al., No. 13cv3669, 2014 WL 6850966, (S.D.N.Y. Dec. 4, 2014) (obtained summary judgment in favor of Tory Burch on trademark infringement and counterfeiting claims)
• Coach Inc. v. Sassy Couture, No. SA-10-CV-601-XR, 2012 WL 162366 (W.D. Tex. Jan 19, 2012) (obtained summary judgment on behalf of Coach Inc. on claims for trademark counterfeiting)
• INEOS Group Ltd. v. Chevron Phillips Chemical Company LP; 312 S.W.3d 843 (Tex. App.-Houston [1st Dist.] 2009) (affirmed temporary injunction obtained on behalf of Chevron Phillips Chemical Company in case alleging breach of contract and theft of trade secrets)
• Kathi Bowman v. CROSSMARK, Inc., No. 3:09-CV-16, 2010 WL 2837519 (E.D. Tenn. July 19, 2010) (obtained denial of conditional certification of class under the Fair Labor Standards Act on behalf of CROSSMARK, Inc.)