Experience
Noncompete Enforcement Thwarted
Defeated motion for preliminary injunction in Massachusetts state court seeking to prohibit staffing firm employee from working for a new employer, and vindicated ability of employee and new employer to engage in noncompetitive client service work.
Counseled Solar Company in Breach of Contract, Trade Secret Misappropriation Litigation
Counsel for southern California-based solar company in breach of contract and trade secret misappropriation litigation against Utah-based solar company.
Counsel to Software and Services Company in Trade Secret, Copyright and Contract Litigation Case
Served as counsel for large event-management software and services company alleging claims for trade secret misappropriation, copyright infringement and breach of contract litigation.
Emergency Injunctive Relief for Telecom Provider in Breach, Misappropriation of Trade Secrets Case
Served as litigation counsel in a case requiring emergency injunctive relief for a telecommunications provider in a data breach and misappropriation of trade secrets case.
Bet-the-Company Litigation for Tech Startup in Trade Secret, Breach of Contract Case
Served as counsel for technology startup in bet-the-company litigation involving trade secret misappropriation and breach of contract claims.
Representation of Global Consumer Products Company Seeking $1 Billion in Damages
Represented global consumer products company in litigation involving breach of contract and misappropriation of trade secrets and seeking $1 billion in damages. Obtained summary judgment against one plaintiff and settled with other plaintiffs on terms favorable to client after the court granted Daubert motion and excluded damages expert.
Defense of CEO Against Claims for Fraud, Data Theft and Misappropriation of Trade Secrets
Successfully defended a software company’s former CEO against claims for fraud, data theft and misappropriation of trade secrets.
Advised a National Corporate in Bringing High Court Injunction Proceedings
Advised a national corporate in bringing High Court injunction proceedings to prevent an employee from commencing work for a competitor, in breach of restrictive covenants contained in their employment contract. The High Court issued an interim injunction and costs order in our client’s favour, preventing the employee from working for a competitor and recovering a sum towards legal costs. After the interim injunction order, we successfully negotiated a favourable settlement for our client.
Successfully Opposed Preliminary Injunction Sought Against Former Executive of Health Care Technology Company
Prevailed following an evidentiary hearing on a motion for preliminary injunction brought by a health care technology company seeking to enforce a noncompete covenant against a former company executive.
Defense Counsel Against Action to Obtain TRO, Preliminary Injunction
Served as defense counsel to employee and employee’s company against an action by former joint venture partner to obtain a temporary restraining order and preliminary injunction involving contested nondisclosure and noncompete agreements.
Trade Secret, Cybersecurity Protection for Real Estate Technology Industry Client
Represented leading commercial real estate industry platform and cloud service provider in transactions and disputes including the protection of trade secrets and cybersecurity breaches.
Obtained Favorable Ruling on Enforceability of Client’s Noncompete Agreement
Represented employer on motion for preliminary injunction concerning enforceability of noncompete agreement. Drafted opposition to employee’s motion, resulting in order finding that employee’s subsequent job would violate noncompete agreement with client employer.
Prevailed on Motion for TRO
Prevailed following an evidentiary hearing on a motion for temporary restraining order brought by a health care services company seeking to prohibit a former employee from working for his new company based on alleged violations of a noncompete covenant and trade secret misappropriation.
Representation of Plaintiff Before NY Supreme Court in Defend Trade Secrets Act, Fraud Case
Represented the plaintiff, a global leader in advanced design and engineered temperature-controlled warehouses, against a real estate investment trust in a matter alleging violation of the Defend Trade Secrets Act, fraud in the inducement, breach of contract, breach of the covenant of good faith and fair dealing, tortious interference, unfair competition and misappropriation of trade secrets. The complaint, brought before the New York Supreme Court, sought in addition to damages, a temporary restraining order and a preliminary injunction.
Dismissal of Case in Breach of Loyalty, Trade Secret Case for Reinsurance Executive
Defended an executive of an international reinsurance broker in a breach of loyalty and trade secret theft case brought by the executive’s former employer. The employer sought a multimillion-dollar damages award and after nine months of litigation, the employer was forced to dismiss case on the eve of trial.
Obtained Injunction for Ethanol Manufacturer in Trade Secret Case
Obtained injunction against former employee of ethanol manufacturer, preventing employee from disclosing client’s trade secrets.
Representation of National Candy Manufacturer in Trade Secret, Distribution Contract Matters
Represented a national candy manufacturer in litigation relating to trade secret and distribution contracts.
Obtained Injunction Enforcing Nonsolicitation Agreement
Represented staffing company in enforcing a nonsolicitation agreement that prevented former employees, who started a competing business, from diverting multimillion-dollar contract to their new business.
Temporary Restraining Order for Client Involving Noncompete Agreement
Secured a temporary restraining order for a boiler service company. The defendant, a former employee, left the company without notice and went to work for a competing firm. The employee had signed a noncompete, nondisclosure and noninterference agreement with the client, and the court granted our motion prohibiting the defendant from continuing to work for the competing firm and any other business in the state competing with the client. Following the court’s order, the defendant agreed to a permanent consent injunction.
TRO Secured for Financial Client
Obtained a temporary restraining order for a wealth management firm against a former employee regarding the violation of a nonsolicitation agreement. The employee, who had provided services to approximately 300 households representing about $50 million in assets, had signed a confidentiality and nonsolicitation agreement stating he would not directly or indirectly do business with or attempt to take away any of his employer’s clients.
Counsel to Multiple Fortune 500 Companies on Noncompete, Trade Secret Matters
Provided regular national noncompete and trade secret counsel to multiple Fortune 500 corporations across industries. Provide risk assessment in the hiring of employees from competitors, enforcement of restrictions against departing employees, and implementation of policies and procedures related to noncompetes and protection of confidential information.
Enjoined Misappropriation of Trade Secrets for Specialty Food Manufacturer
Successfully enjoined misappropriation of trade secrets in the Circuit Court of Madison County, Illinois, for a major specialty food manufacturer, and obtained a consent judgment prohibiting the solicitation of major customers for a significant period, although the former high-level employees did not have employment agreements.
Obtained TRO for Major Grocery Chain in Noncompete Case
Obtained temporary restraining order (TRO) and consent permanent injunction against a former employee of a major grocery chain enforcing a noncompete agreement and requiring return and destruction of documents.
Successful Enforcement of Agreements Against Former Staffing Firm Employees
Successfully pursued and enforced multiple confidentiality and customer nonsolicitation agreements, along with computer tampering claims in courts in Missouri, Illinois and Iowa, against former employees of national Fortune 500 staffing firm.
Successful Defense of Client in Trade Secret Claim
Successfully defended a construction industry client in a trade secret claim wherein the Federal Court in Washington transferred the case on a venue motion to a Federal Court in California. The parties settled the case soon after transfer.
Won Preliminary Injunction for Wine and Spirits Industry Supplier in Trade Secret, Noncompete Case
Won a preliminary injunction following a three-day federal bench trial for a large supplier of materials used in wine and spirits industry. Protected trade secrets and enforced noncompete, and recovered fees for client.
Defeated Manufacturer's Attempt to Obtain TRO Enforcing Noncompete
Defeated manufacturer’s attempt to obtain a temporary restraining order (TRO) in U.S. District Court for the Eastern District of Missouri enforcing a noncompete agreement against a former plant manager. This resulted in a complete victory for the plant manager, allowing him to work for his new employer in the same industry.
Won TRO and Permanent Injunction Against Former Employee in Trade Secret Case
Won a temporary restraining order (TRO) and permanent injunction against the former employee of a publicly traded bank in a trade secret case.
Won TRO in Federal Court for Aviation Business
Won a temporary restraining order (TRO) in federal court on behalf of an aviation business in a trade secret case against a former high-level executive.
Won Noncompete, Unfair Competition Case for National Specialty Retail Chain
Received national press coverage by winning a noncompete and unfair competition case on behalf of a publicly traded, national specialty store chain against a publicly traded, national department store chain.
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