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.