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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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April 20, 2018

Brazilian Labor Courts Continue to Emphasize Importance of Non-Compete Clause Limitations

April 20, 2018

A recent Brazilian labor court ruling clarified the procedural requirements for employers drafting non-compete clauses in employment agreements. Although the Brazilian Federal Constitution establishes “freedom of work,” and the Brazilian Industrial Property Law (Law 9.279/1996) prevents an employee from disclosing an employer’s... Read More

March 2, 2018

Massachusetts Legislature Close to Deal on Non-Compete Law?

March 2, 2018

The Massachusetts Legislature, after a decade of attempts, may pass restrictions on the use of non-compete covenants in the Commonwealth. The co-chairmen of the Joint Committee on Labor and Workforce Development, Senator Jason Lewis and Representative Paul Brodeur, reportedly are optimistic that the Legislature is “closing in on a... Read More

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

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March 7, 2018
Jackson Lewis

Adrienne L. Conrad Selected as 2018 Member of Leadership California's State Issues and Trends Program

March 7, 2018

SAN DIEGO, CA (March 7, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal Adrienne L. Conrad has been selected as a member of Leadership California’s Class of 2018 for the 2018 California Issues & Trends Program (CIT), a prestigious, yearlong professional series ... Read More

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

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Brazilian Courts Set Standards For Enforcement Of Non-Compete Agreements
April 20, 2018

On April 20, 2018, Jackson Lewis published an article entitled, “Brazilian Labor Courts Continue to Emphasize Importance of Non-Compete Clause Limitations,” by John Sander and Maya Atrakchi in the New York City office.  John currently serves as Chairman of L&E Global, a global alliance of premier employer’s counsel firms.  Our coll Read More

Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill
April 19, 2018

This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017 (See articles dated December 27, 2017, and March 2, 2018). Read More

Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation
April 2, 2018

In the past week, two states have made modifications to their respective non-compete laws. Read More