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Non-Competes and Protection Against Unfair Competition

Business information and good will often are a company’s most significant assets, but—unlike equipment and physical assets—employees and others can easily move this information and take client relationships with them to competitors.

Overview

We offer employers a multi-disciplinary approach to help confront all forms of unfair competition, both through appropriate agreements and policies and in courts across the United States and beyond. No matter what the client’s particular situation, we bring to bear a wealth of knowledge, experience and practical solutions that make business sense.

By advising clients with respect to preventive strategies that protect their interests in confidential information and customer good will, we help clients minimize the risk of unfair competition and maximize their ability to defend against the unlawful appropriation of invaluable assets. When preventive efforts fail, we aggressively litigate claims in forums ranging from state, federal and bankruptcy courts, to securities industry and American Arbitration Association tribunals.

Trade Secret Protection Programs

The key to preventing unfair competition is an effective Trade Secret Protection Program that guards against the loss of confidential information, deters employees from unfairly competing, and enhances the employer's ability to prevail in litigation. At Jackson Lewis, we have decades of experience advising clients in all aspects of an effective Trade Secret Protection Program, including the following:

  • Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements and similar documents;
  • Preparing executive and individual employment agreements;
  • Consulting on electronic information retention and security policies; and
  • Training employees on policies regarding confidential information, non-competes and other protective measures.

Litigating Unfair Competition Claims

Members of our Non-Competes and Protection Against Unfair Competition Practice Group have prosecuted and defended all types of unfair competition claims in courts across the United States. With offices in major locations throughout the country, we can file or respond to injunction matters on minimal notice in state and federal courts with teams of experienced attorneys knowledgeable about local rules. In addition to injunction proceedings, we represent employers in other workplace unfair competition claims, including theft of trade secrets, employee raiding, breach of fiduciary duty, and violations of state unfair competition laws. Many of our cases have been at the forefront of emerging legal trends ranging from the inevitable disclosure doctrine to the enforcement of non-competition agreements with a worldwide scope. We also have extensive experience handling the complex computer forensics and e-discovery issues that arise in unfair competition litigation.

The Team

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July 27, 2017

Proposed New York City Council Legislation Would Add Private Right of Action to Earned Sick Time Act and Prohibit Non-Competes for Low-Wage Employees

July 27, 2017

New legislation introduced in the New York City Council would add a private right of action to the Earned Sick Time Act (Introduction 1667) and prohibit employers from entering into a covenant not to compete with any low-wage employee of that employer (Introduction 1663). Introduction 1667 was sponsored by the Council’s Deputy Leader... Read More

June 29, 2017

New Law Brings Changes to Nevada’s Non-Compete Law

June 29, 2017

Over the last year, Nevada’s non-compete law has undergone a number of changes. The latest is a new law setting forth a new standard by which non-compete agreements are to be evaluated. Golden Road Nearly a year ago, on July 21, 2016, the Nevada Supreme Court issued its decision in Golden Road Motor Inn, Inc. d/b/a Atlantis Casino... Read More

December 12, 2016

Fast-Food Restaurant CEO Tapped to Head Labor Department: What to Expect

December 12, 2016

President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor. Puzder was a lawyer in St. Louis and represented the founder of Carl’s Jr. He later became the general... Read More

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August 11, 2017
Law 360

Clifford Atlas Comments on New York City's Bill on Non-Compete Agreements

August 11, 2017

Clifford Atlas comments on a New York City bill that would prohibit non-compete agreements for low-wage workers in "5 New Non-compete Developments Attys Should Know About," published by Law360. Subscription may be required to view article Read More

July 10, 2017
Jackson Lewis

Jackson Lewis Expands Litigation Capabilities with Addition of Donald English, Jr.

July 10, 2017

BALTIMORE, MD (July 10, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce esteemed employment litigator Donald (Donny) E. English, Jr. has joined the firm’s Baltimore office as a Principal. Mr. English, who has almost two decades of experience litigating a broad range of employment law... Read More

September 9, 2016
SHRM

Clifford Atlas Comments on Recent Scrutiny of Non-Competition Agreements

September 9, 2016

Clifford Atlas comments on recent scrutiny of Non-Competition Agreements in "Overreaching Noncompetes Criticized in New York and Illinois," published by SHRM. Subscription may be required to view article Read More

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Nevada’s All-New Non-Compete Statute
June 30, 2017

Once again, Nevada has re-written the landscape the law regarding enforcement of post-employment non-competition agreements.  Please see the article posted on our website, written by Elayna J. Youchah and Joshua A. Read More

Nebraska Court Enforces Forum Selection Clause
May 30, 2017

Nebraska’s legal history on the enforceability of non-compete agreements is usually a surprise for employers who view Nebraska as pro-business.  Nebraska courts routinely invalidate employee non-compete agreements that venture beyond restricting the employee from doing business with and soliciting customers with whom that employee did Read More

State and Federal Trade Secrets Claims Upheld By Northern District of Illinois
May 24, 2017

A May 11, 2017 decision by Judge Chang, in the Northern District of Illinois, found misappropriation alleged under the Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA), in a case where the employee downloaded files while still employed. Read More