Brian P. Bialas practices in three interrelated areas: business litigation, employment litigation, and security and privacy. Brian regularly litigates disputes between businesses and between employees and businesses involving non-competition, non-disclosure, and non-solicitation agreements, trade secrets, confidential information, breach of fiduciary duty, and the Computer Fraud and Abuse Act. He also advises businesses and employees on non-competition agreements and security and privacy issues. Brian is co-author of the Massachusetts Non-Compete Law blog and is a frequent contributor to the Security, Privacy and the Law blog.
In addition to his non-compete and security and privacy work, Brian has litigated a variety of other business disputes, including cases involving shareholders, professional liability, trademarks, insurance recovery, and various types of contracts.
Before joining Foley Hoag LLP, Brian served as a law clerk for Judge Paul J. Kelly, Jr. of the U.S. Court of Appeals for the Tenth Circuit in Santa Fe, New Mexico. In law school, he was a senior editor of the Boston College Law Review and a member of the John J. Gibbons Criminal Procedure Moot Court Team that won the national championship.
Representative Experience
The following is a brief summary of Brian's experience and accomplishments:
· Drafted security and privacy policies for nonprofit corporation and advised the corporation on the implementation of those policies.
· Advised employer in dispute with new employee's former employer regarding employee's retention of former employer's confidential information.
· Defeated summary judgment motion for employer in case involving the enforcement of a non-competition agreement against the employer's former chief scientist.
· Obtained summary judgment for a low-cost airline in a trade-secret dispute with its former reservation-software provider.
· Obtained favorable settlement for employer in case involving the employer's former IT director who took confidential information.
· Advised employer on security and privacy issues after former employee took confidential customer information.
· Obtained favorable settlements for employer in cases involving former employee and former consultant who disseminated the employer's confidential information and conspired to overthrow the management of the company.
Professional / Civic Involvement
· Massachusetts Bar Association, Young Lawyers Division, Board of Directors
- Chair, Membership Development and Social Events Committee (2011-2012)
- Civil Litigation Section Liaison (2011-2012)
· Federal Bar Association, IP Legal Browser: The Newsletter of the Federal Bar Association's Intellectual Property Law Section, Editor-in-Chief (2011-2012)
· Massachusetts Republican Party, Chairman of Ward 6 (South Boston), Delegate to 2010 State Convention
· Frank J. Murray American Inn of Court (Boston, MA)
Speeches and Conferences
· Moderator, Business Development for Associates: Laying the Groundwork for Success, Massachusetts Bar Association, Foley Hoag LLP, June 30, 2011
· Panelist, Young Lawyers Division Career Panel, Massachusetts Bar Association, Boston University School of Law, February 9, 2011
· Speaker, "Barr v. Galvin and Massachusetts Third-Party Ballot Access," Federalist Society for Law and Public Policy, Western New England College School of Law, November 2, 2010
Publications
· Brian P. Bialas, New Case Highlights Split of Authority Interpreting the Computer Fraud and Abuse Act, e-Commerce Law Report, Vol. 14, No. 3 (March 2012)
· Brian P. Bialas, Judicial Profile: Hon. Paul J. Kelly, Jr., U.S. Circuit Judge, U.S. Court of Appeals for the Tenth Circuit, The Federal Lawyer, Vol. 58, No. 9 (October 2011)
· Vickie L. Henry & Brian P. Bialas, The Clash on Reasonable Royalty Patent Damages: The Federal Circuit and Patent Reform, The IPC Legal Browser: The Newsletter of the Federal Bar Association's Intellectual Property and Communications Law Section, Vol. 5, No. 1 (Fall 2009)
Honors/Awards
Alliance Defense Fund Blackstone Fellow, 2005
Intercollegiate Studies Institute Honors Fellow, 2004
Family Research Council Witherspoon Fellow, 2003
Bucknell University Bison Award for Extracurricular Activities