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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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Archived

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Pay Equity is “Comp”licated: New Laws, New Reporting, & How to Protect your Organization

April 27, 2016 - 2:00 PM to 3:30 PM
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January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

August 27, 2018

Non-Compete Covenants Must be Reasonable for Preliminary Injunction, Nevada Supreme Court Affirms

August 27, 2018

A non-compete agreement in Nevada “must be limited to the geographical areas in which an employer has particular business interests,” the Nevada Supreme Court has affirmed. Shores v. Global Experience Specialists, Inc., 134 Nev. Adv. Op. 61 (Aug. 2, 2018). The Court also concluded that when an employer seeks to enforce a non-compete... Read More

August 1, 2018

Massachusetts Legislature (Finally) Passes Non-Compete Law

August 1, 2018

The Massachusetts Legislature, at long last, has passed a bill regulating the use and enforcement of non-compete agreements in the private sector. Once “An Act relative to the judicial enforcement of noncompetition agreements” is signed by Governor Charlie Baker, it will take effect on October 1, 2018. The Legislature has attempted... Read More

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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

March 6, 2019
Jackson Lewis

Jackson Lewis Attorneys Honored with 2019 Client Choice Awards

March 6, 2019

WHITE PLAINS, NY (March 6, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principals Kelvin C. Berens, Joseph G. Galagaza and Gillian P. Yee have been named winners of the 2019 Client Choice Awards. The Client Choice Awards, in conjunction with International Law Office and... Read More

February 19, 2019
Jackson Lewis

Brian J. Christensen Leads Jackson Lewis' Milwaukee Office as New Managing Principal

February 19, 2019

MILWAUKEE, WI (February 19, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Brian J. Christensen has been appointed Office Managing Principal of the firm’s Milwaukee office. Mr. Christensen joins Jackson Lewis’ Milwaukee office from the firm’s Kansas City area locations, where he was... Read More

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Utah Amends Three-Year-Old Non-Compete Law For Second Time In Two Years
March 26, 2019

After enacting its non-compete law on April 7, 2016, Utah has twice amended the law to address additional restrictions on non-competes in the broadcasting industry. Governor Gary Herbert signed the second of those amended bills on March 22, 2019. Read More

U.S. Senators Seek Formal Investigation Of Non-Compete Use And Impact
March 25, 2019

Earlier this month, a group of six United States Senators made a joint request for the Government Accountability Office (GAO) to investigate the impact of non-compete agreements on workers and the U.S. economy as a whole. This action suggests that the federal non-compete reform effort is not going away. Read More

New Jersey Court Offers A Reminder That The Duty Of Loyalty Is Thicker Than Ink
March 15, 2019

Do employees in New Jersey owe a duty of loyalty to employers, even without a written employment agreement? Eliminating any possible doubt, the New Jersey Appellate Division answered, emphatically, yes. In Technology Dynamics, Inc. d/b/a Nova Battery Systems v. Emerging Power, Inc. et al., Docket No. A-0952-17T3 (N.J. Sup. Ct. – App. Read More