Practice/Industry Group Overview
As the economy becomes more technology-based and information-driven, issues of trade secrets and unfair competition have become an increasingly important part of employment law. The Fisher & Phillips Employee Defection and Trade Secrets Practice is a national practice concentrating on issues surrounding employee defection, employee recruitment and trade secrets protection. This includes litigating and advising clients on covenants not to compete; non-solicitation, non-recruitment, non-use and non-disclosure agreements; trade secrets and confidential business information; unfair competition and employee raiding; fiduciary duty and duty of loyalty claims; and statutory issues under the federal Computer Fraud and Abuse Act, the Economic Espionage Act, and various state trade secrets, computer protection and unfair competition statutes.
This practice is comprised of approximately 20 lawyers located in offices throughout the country, and is led by a core group of lawyers who dedicate virtually 100% of their practice to handling these issues.
The attorneys in the Employee Defection and Trade Secrets practice focus on helping clients manage all aspects of employee defection and employee recruitment, including litigating restrictive covenants and trade secrets issues, advising on the risk profile of prospective hires from competitor companies, counseling on the creation of company-wide programs to protect against the legal risks associated with employee defection and recruitment, and drafting employment agreements and policies on a national basis.
Lawyers in this practice have litigated more than 800 cases in at least 65 different federal and state courts located in 45 states, the District of Columbia and Puerto Rico, as well as international matters arising out of Europe, Asia and the Middle East. These matters frequently have included prosecuting or defending emergency applications for temporary or preliminary injunctive relief, as well as requests for expedited discovery, in addition to damages actions. Our attorneys are accustomed to rapidly deploying themselves to initiate or defend temporary restraining order actions in any location with little advance notice.
Our attorneys bring their extensive litigation experience to bear on the process of drafting restrictive covenant agreements and implementing policies designed to protect a company's competitive assets. They have first-hand knowledge of how courts are interpreting and enforcing agreements during litigation, and consequently bring a practical and pragmatic eye to the contract drafting process. Our attorneys place particular emphasis on implementing restrictive covenant agreements for employers that operate on a multi-state basis.
Articles Authored by Lawyers at this office:
Implementing a Trade Secrets Protection Program
Michael R. Greco, November 06, 2013
In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of your employees steals a trade secret, you will be in the best...
Excuse Me Judge, Could I Be Heard On That?
Michael R. Greco, October 28, 2013
A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the employee had created a detailed spreadsheet containing proprietary customer...
When Coaches Can't Compete -- Non-Competes in Sports
Gregory D. Hanscom, October 01, 2013
In the lucrative world of big time college football, universities continually try to gain an edge over the competition by, among other things, luring top notch coaches with generous multi-million dollar contracts. One such instance of this occurred in late 2012, when the University of Arkansas...
Social Media And Trade Secrets
Michael P. Elkon, July 05, 2013
Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for input by management-side employment lawyers. Likewise, employers - especially...
Mediating Non-Compete Disputes in the Medical Device Industry
Michael R. Greco, March 21, 2013
The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth of medical devices each year. Top reps at industry leaders commonly have...