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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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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

February 13, 2019
Corporate Counsel

Teri Wilford Wood Discusses Her Move From In-House Counsel to Jackson Lewis

February 13, 2019

Teri Wilford Wood discusses making the career switch from in-house counsel at International Business Machines Corp. to join Jackson Lewis as Of Counsel in "Two Veteran In-House Counsel Talk About Why They Moved to Law Firms," published by Corporate Counsel.  Subscription may be required to view article Read More

February 11, 2019
Jackson Lewis

William R. Stukenberg Appointed Managing Principal of Jackson Lewis' Houston Office

February 11, 2019

HOUSTON, TX (February 11, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce William R. Stukenberg has been named Office Managing Principal in Houston. Mr. Stukenberg focuses his practice on a wide range of areas, ranging from day-to-day employment counseling to complex employment... Read More

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U.S. Senator Reignites Federal Non-Compete Reform Efforts With Bill Aimed At Protecting Low-Wage Employees
February 18, 2019

Last year, Democrats in the United States Senate and House of Representatives introduced bills — S.2782  and H.R.5631 — banning non-compete agreements in the vast majority of workplaces across the country. Read More

Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements
December 10, 2018

When implementing restrictive covenant agreements in their workforces, companies often grapple with how best to handle the wide variation in the law from one state to the other. One solution is to include a choice of law provision that calls for all agreements to be construed under the laws of a single state. Read More

State Attorneys General Step Up Antitrust Probes of Franchise Industry Hiring Practices
August 22, 2018

In the midst of a federal effort to ramp up antitrust prosecutions of companies agreeing not to recruit or hire each other’s employees (see previous articles dated November 9, 2016, January 25, 2018, April 25, 2018 and July 17, 2018), special scrutiny – and criticism – has been directed toward the use of no-poach agreements...… Read More