Search form

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

See All
Showing 1-8 of 120
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
See All
Showing 1-8 of 120

See All Upcoming Events

Feb 22

Raleigh, NC
Register Now

7th Annual Raleigh Workplace Law Symposium

February 22, 2018 - 7:30 AM to 2:00 PM EST
9401 Glenwood Ave. - Raleigh, NC
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Register Now

See All Webinars

Archived

Watch Now

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

April 27, 2016 - 2:00 PM to 3:30 PM
Watch Now

Archived

Watch Now

Best Practices for Protecting Trade Secrets When Employees Exit

September 15, 2015 - 2:00 PM to 3:00 PM EST

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

Watch Now

Archived

Watch Now

Compliant Non-Competes: 5 Common Mistakes to Avoid

April 28, 2015 - 2:00 PM to 2:00 PM

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

Watch Now

See AllPublications

Advanced Filtering
Showing 1-3 of 34
Newest
Most Read
January 9, 2018

New Hampshire, Pennsylvania, Vermont May Restrict Use of Non-Compete Agreements in Employment

January 9, 2018

Proposals to restrict the use of non-compete agreements in employment have been introduced in New Hampshire, Pennsylvania, and Vermont. This appears to be the continuation of a trend that started nearly a year ago. On January 23, 2017, the Massachusetts Legislature introduced six separate bills seeking to curb employers’ use of non-... Read More

December 27, 2017

Massachusetts Non-Compete Legislation – A Walk Through the ‘Garden’ … Leave Provision

December 27, 2017

With the approaching New Year bringing the possible passage of non-compete legislation in Massachusetts, we examine here the “Garden Leave” provision included in several proposed bills. The proposed “Garden Leave Bills” attempt to limit the frequency of enforcement of non-compete agreements and require compensation to employees for any... Read More

December 6, 2017

New Jersey Restrictive Covenant Bill Aims to Change the Landscape

December 6, 2017

Providing a private right of action and barring judicial modification are just two features of a bill that aims to severely limit the use of non-compete agreements in New Jersey. Over the past few years, academic and media reports have claimed that employers are abusing the use of restrictive covenant agreements to the detriment of... Read More

Showing 1-3 of 34

See AllIn the News

Showing 1-3 of 13
Newest
Most Read
January 17, 2018
SHRM

Daniel Schwarz, Martha Van Oot, Erik Winton and Colin Thakkar Author "Three States May Restrict Use of Employment Noncompete Agreements"

January 17, 2018

Daniel Schwarz, Martha Van Oot, Erik Winton and Colin Thakkar author "Three States May Restrict Use of Employment Noncompete Agreements" published by SHRM. Subscription may be required to view article Read More

December 14, 2017
HR Dive

Clifford Atlas Comments on Implications for Employers Utilizing Non-Compete Agreements

December 14, 2017

Clifford Atlas comments on implications for employers utilizing non-compete contracts and "Garden Leave" pay in "Non-compete agreements: Retention tool or liability landmine?" published by HR Dive. Subscription may be required to view article Read More

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

Showing 1-3 of 13

See AllBlogs

Wisconsin Supreme Court Applies Non-Compete Law To Invalidate Anti-Poaching Covenant
January 31, 2018

On January 19, 2018, a divided Wisconsin Supreme Court held that an employee non-solicitation covenant was overly broad and unenforceable under state law. In the decision, entitled The Manitowoc Company, Inc. v. Lanning, Case No. 2015AP1530 (Wisc. Jan. Read More

Lead Antitrust Attorney Hints At Upcoming Prosecutions For No-Poach Agreements
January 25, 2018

The chief prosecutor in the U.S. Read More

A Protocol On Life Support – Financial Industry Assesses The Aftermath Of Major Defections From Broker Recruitment Pact
January 22, 2018

In the fourth quarter of 2017, two major financial firms dropped out of an industry-wide Protocol for Broker Recruiting (the “Protocol”), an agreement designed to reduce litigation surrounding the movement of stockbrokers between competing firms. Read More