Edward F. Roche

Ed Roche helps businesses navigate a wide range of challenging disputes. He is an adept copyright and trademark lawyer. Representing both copyright and trademark holders and those accused of infringement, he has successfully resolved dozens of intellectual property disputes for clients both in the early stages and deep into lengthy litigations. Ed also handles complex trade secret and non-compete cases, many of which intersect with intellectual property law and draw on his copyright and trademark experience. Ed’s practice also includes a large volume of cases involving claims for breach of contract, unfair trade practices, breach of fiduciary duty and violations of securities laws.

Ed prioritizes every client’s business interests in every dispute. He works with clients to optimize their positions and evaluate their litigation risks. Ed is comfortable taking cases to trial when necessary but frequently finds creative business solutions that serve a client’s overall business goals.

Before joining Smith Anderson, Ed was an attorney in the Washington, D.C. office of a global law firm and clerked for a federal appeals court judge.

As the Vice President of the Triangle Chapter of the British-American Business Council, he helps British businesses navigate the American market and cultivates business and cultural connections between his native United Kingdom and his adopted home of North Carolina.

Ed cherishes time with his wife and two young children. He is a fan of college basketball, Premier League soccer and live music.

Recognition

• Best Lawyers: Ones to Watch^® in America
  • Commercial Litigation (2022-2025)
  • Litigation – Intellectual Property (2022-2025)
  • Litigation – Labor and Employment (2024-2025)
• North Carolina Super Lawyers Rising Star (2022-2025)

Clerkships

• Law Clerk to The Honorable Julia S. Gibbons, U.S. Court of Appeals for the Sixth Circuit

Education

• University of North Carolina, J.D., with high honors, 2014
  • Order of the Coif
  • Editor in Chief, North Carolina Law Review
• University of Oxford, Worcester College, B.A., Law, 2007

Bar & Court Admissions

• Executive Committee Member, British-American Business Council, Triangle Chapter (2023-present)
• Foreign Direct Investment Committee Member, Wake County Economic Development (2023-present)

Copyright and Trademark

• Defended against copyright and trademark claims, and pursued IP counterclaims, on behalf of a major national auto products retailer and an auto goods manufacturer.
• Defended a construction company in a copyright dispute, prevailing after a two-day arbitration.
• Helped online retailers secure takedowns of websites infringing retailer’s intellectual property rights.
• Represented various clients in trademark proceedings at the Trademark Trial and Appeal Board (“TTAB”).

Non-Compete and Trade Secret Litigation

• Represented digital marketing company pursuing claims against former employees for theft of software code for a proprietary marketing tool.
• Defended global technology company against competitor’s claims of trade secret misappropriation and interference with contract.
• Represented various employers in enforcing employee non-compete provisions.

Other Business Litigation

• Defended against two successive motions for preliminary injunctions in a multimillion-dollar case between software competitors.
• Represented a bank in emergency proceedings to prevent harm to customers due to technology vendor’s actions.
• Defended a government contractor against a whistleblower complaint, involving administrative proceedings in the Department of State and an appeal to a federal appeals court.
• Helped litigate and resolve disputes between CROs, sponsors, and sites concerning clinical trial obligations and charges.
• Represented CRO in responding to subpoena in multi-district litigation alleging medical device defects.
• Defended directors against shareholder derivative actions alleging securities violations, breaches of fiduciary duties and various related claims in state and federal courts.
• Represented mutual fund advisors against claims of excessive fees.
• Advised a university on potential antitrust dispute concerning the competitive opportunities open to the university’s athletic program.
• Represented multinational technology companies responding to regulators’ allegations of antitrust violations.
• Provided advice on First Amendment arguments for a news website to raise in appealing trial verdicts obtained by a public figure based on the website’s news report.
• Represented a major pharmaceutical company in an investigation launched in response to a federal government subpoena seeking information on compliance with Anti-Kickback Statute.
• Served as counsel to the American Bar Association and individual plaintiffs in a lawsuit against the Department of Education, challenging the department’s conduct in relation to the Public Interest Loan Forgiveness Program.
• Wrote briefs and delivered arguments to the U.S. Court of Appeals for the Sixth Circuit on behalf of a federal habeas petitioner.
• Represented a voting rights organization litigating constitutional and statutory civil rights claims in federal court to stop a state preventing access to public voter registration records.
• Coordinated nationwide litigation efforts to assist detained immigrants.
• Defended an insurance company in pre-litigation contract dispute concerning the implementation of a software platform and amounts allegedly due under the underlying contract. Reached a favorable settlement that avoided tens of millions in payments sought from the other side and allowed the parties to continue a business relationship.