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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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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

May 17, 2019

The EPL Insurance Advisor – May 2019

May 17, 2019

To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments. 2019 EPLI Trends Report – What Analysts and Underwriters Should... Read More

May 15, 2019

Does Massachusetts Non-Compete Law Restrict Access to Federal Court or Arbitration?

May 15, 2019

The Massachusetts Noncompetition Agreement Act (Non-Compete Act) has yet to be tested, but its venue provision likely will come under special scrutiny. The venue provision governs the geographical location and forum in which a non-compete lawsuit may be maintained. Due to its apparent conflicts with federal law, the venue provision will... Read More

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July 16, 2019
Law 360

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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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

Washington Governor Signs Non-Compete Law
May 9, 2019

On May 8, 2019, Washington Governor Jay Inslee signed into law HB 1450, described as “AN ACT Relating to restraints, including noncompetition covenants, on persons engaging in lawful professions, trades, or businesses[.]”  While the Act does not take effect until January 1, 2020, its restrictions apply retroactively to exis Read More