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NONCOMPETE LITIGATION

In an environment of increasing employee mobility and competition for talent, employers need to be vigilant to ensure that effective non-competition, non-solicitation, and confidentiality agreements are in place to protect the company’s most valuable assets. Breaches from disloyal employees can result in irreparable damages for the company. If closely guarded trade secrets end up in the hands of competitors, the financial ramifications can be devastating and relationships with key customers and vendors could be damaged or severed. The complexity of noncompete litigation is further enhanced as companies face various statutes and common laws across multiple jurisdictions. In this fast-moving, high stakes litigation landscape, Nixon Peabody’s employment litigators have extensive experience aggressively prosecuting claims on our client’s behalf to ensure that the client’s corporate assets are protected. We also zealously defend our clients and individuals seeking to join our clients against such claims.

Responsive, experienced litigators

When confronted with a breach of the terms of a restrictive covenant by an individual, a group of employees in a lift-out situation, or other trade secret theft situation, our employment litigators are able to respond quickly to our client’s needs. We can be on the ground and in a courtroom, if necessary, filing or responding to a temporary restraining order or other injunctive relief within hours. Speed, knowing how to marshal the facts and the law for the particular facts to the case, and experience before a wide array of judges means the difference between success and failure in these cases.

Our experienced employment litigators have been exceptionally successful in obtaining relief to protect our clients who are victims of such unfair competition, and in defending individuals and groups that join our clients. If the case should proceed to trial or hearing, we have experienced employment litigators who have tried noncompete and trade secrets cases to successful verdicts and who have won countless evidentiary hearings on motions for temporary restraining orders and other injunctive relief, saving our clients millions of dollars in damages. Our employment litigators’ depth of experience and proven track record of delivering successful results put our clients in the best position to receive an expeditious resolution in their favor.

Enforcement

In order to prevent potential misuse or misappropriation of our client’s competitive assets, we draw upon our enforcement experience to develop appropriate, enforceable confidentiality and restrictive covenant agreements and contractual provisions that address state-specific and federal issues. By taking a proactive approach, we can prevent the disclosure of confidential information and damage to customer relationships, and protect our clients from unfair competition. In addition, we train employers on best practices in educating their workforces on their trade secret obligations and protocols for protecting their proprietary data and information.

Thought Leadership/Alerts

California holds that state overtime law applies to non-residents working in the state
Employment Law Alert | July 14, 2011

Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert | July 13, 2011

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France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert | July 8, 2011

Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert | June 24, 2011

Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert | June 23, 2011

Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert | June 20, 2011

Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert | June 14, 2011

Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert | April 28, 2011

New FLSA rules address tip pooling, fluctuating workweek, and other issues
Employment Law Alert | April 13, 2011

California lawsuits have employees standing up for their right to sit down
Employment Law Alert | April 7, 2011

New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert | April 4, 2011

New York Wage Theft Prevention Act effective April 9, 2011
Employment Law Alert | March 28, 2011

Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert | March 11, 2011

Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert | March 1, 2011

The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert | February 24, 2011

California court weighs in on meal period rules
Employment Law Alert | February 24, 2011

California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
Employment Law Alert | February 23, 2011

U.S. Supreme Court announces broader employee protection under Title VII
Employment Law Alert | February 11, 2011

The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert | February 7, 2011

Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert | January 25, 2011

Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert | January 25, 2011

California mandates paid leave for organ or bone marrow donation
Employment Law Alert | January 18, 2011

Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
Employment Law Alert | January 10, 2011

New California meal period exemptions in effect
Employment Law Alert | January 7, 2011

Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements

Employment Law Alert | December 20, 2010

New York makes several changes to Labor Law
Employment Law Alert | December 15, 2010

California resolves limitations periods on waiting time penalties claims
Employment Law Alert | December 9, 2010

Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert | November 16, 2010

Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert | November 11, 2010

Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert | November 11, 2010

No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert | October 13, 2010

It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert | September 29, 2010

New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert | September 3, 2010

Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert | August 19, 2010

Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert | August 12, 2010

Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert | July 14, 2010

‘Inevitable disclosure’ takes a hit in N.H.
July 8, 2010

FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert | June 24, 2010

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Noncompete Litigation