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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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Archived

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Lessons Learned in the First Month of the Mass Non-Compete Law

November 28, 2018 - 1:00 PM to 2:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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October 1, 2019

Retail Industry Workplace Law Update – Fall 2019

October 1, 2019

DOL Issues New Overtime Rule, Sets Minimum Annual Salary at $35,568 The U.S. Department of Labor has issued a new Final Rule updating the minimum salary requirements for the “white collar” overtime exemptions. Read full article … California Supreme Court Rejects Claim for Unpaid Wages under PAGA Putting an end to employees’... Read More

September 24, 2019

Get Ready for Maryland’s New Employment Laws Going into Effect October 1

September 24, 2019

New Maryland laws governing the workplace will take effect on October 1, 2019. These laws: Amend the state’s Fair Employment Practices Act (FEPA) with respect to harassment claims and with respect to the definition of “employee”; Require unpaid leave and provide additional protections for employees serving as organ or bone marrow... Read More

August 2, 2019

New Jersey Court Brings ‘Clarity and Uniformity’ to Analysis of Restrictive Covenants

August 2, 2019

The New Jersey Appellate Division has clarified the analysis required to determine the effect of restrictive covenant agreements (RCAs) and offered guidance to practitioners drafting RCAs under New Jersey law in a decision on six consolidated actions. ADP, LLC v. Kusins, No. A-4664-16T1 (N.J. Super. Ct. App. Div. July 26, 2019).... Read More

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July 16, 2019
Law360

Clifford Atlas Discusses the Implications of Lawmakers Targeting Noncompete Agreements

July 16, 2019

Clifford Atlas discusses the implications of states proposing and in some cases adopting limits on noncompetes in "State Lawmakers Target Noncompetes, But 'Sky Isn't Falling,'" published by Law360. Subscription may be required to view article Read More

June 4, 2019
Jackson Lewis

Jackson Lewis Attorneys Recognized as the Nation's Most Powerful

June 4, 2019

WHITE PLAINS, NY (June 4, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, congratulates Chairman Emeritus Vincent A. Cino, along with Principals Neil H. Dishman, Maurice G. Jenkins, René E. Thorne and Richard F. Vitarelli for their inclusion in Human Resource Executive magazine’s “Most Powerful... Read More

March 20, 2019
Corporate Counsel

Teri Wilford Wood Comments on Implications of Uncertain Gig Economy Labor Laws

March 20, 2019

Teri Wilford Wood comments on the implications of uncertain gig economy labor laws and how compliance and reducing risk are key in "As the Gig Economy Goes Public, Labor Regulations Still Pose Risk," published by Corporate Counsel. Subscription may be required to view article   Read More

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Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee
September 9, 2019

On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. Read More

Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees
June 7, 2019

In numerous states throughout the country, legislatures are moving to limit the use and enforcement of non-compete and other restrictive covenant agreements. Two such states, Maryland and Virginia, are seeking to curtail such agreements with regard to low-wage employees. Read More

Trade Secrets – Courts Won’t Protect You If You Don’t Protect Yourself!
May 13, 2019

A decision from the Northern District of Illinois is the latest to reiterate a stern warning we have long highlighted for employers: when insufficient steps are taken by an employer to protect its own proprietary information, courts will not provide trade secret protection when such information is misappropriated. In Abrasic 90 Inc. Read More

By Kevin R. Miller and Colin A. Thakkar