Practice/Industry Group Overview
Jackson Lewis’ Non-Competes and Protection Against Unfair Competition Practice Group offers a multidisciplinary approach to help employers confront all forms of unfair competition. By advising clients with respect to preventive strategies that protect their interests in confidential information and customer goodwill, we help clients minimize the risk of unfair competition and maximize their ability to defend against the unlawful appropriation of invaluable assets. When preventive efforts fail, we aggressively litigate claims in forums ranging from state, federal, and bankruptcy courts to securities industry and American Arbitration Association tribunals.
Trade Secret Protection Programs
The key to preventing unfair competition is an effective Trade Secret Protection Program that guards against the loss of confidential information, deters employees from unfairly competing, and enhances the employer’s ability to prevail in litigation. At Jackson Lewis, we have over 50 years of experience advising clients in all aspects of an effective Trade Secret Protection Program, including the following:
- Drafting non-competition agreements, non-disclosure agreements, assignment of invention agreements, and similar documents.
- Preparing executive and individual employment agreements.
- Consulting on electronic information retention and security policies.
- Training employees on policies regarding confidential information, non-competes, and other protective measures.
Litigating Unfair Competition Claims
Members of the Jackson Lewis Non-Competes and Protection Against Unfair Competition Practice Group have litigated all types of unfair competition claims in courts across the United States. With offices in major locations throughout the country, we can respond to injunction matters on minimal notice in state and federal courts with teams of experienced attorneys knowledgeable about local rules. In addition to injunction proceedings, we represent employers in other workplace unfair competition claims, including theft of trade secrets, employee raiding, breach of fiduciary duty, and violations of state unfair competition laws. Many of our cases have been at the forefront of emerging legal trends ranging from the inevitable disclosure doctrine to the enforcement of non-competition agreements with a worldwide scope. We also have extensive experience handling the complex computer forensics and e-discovery issues that arise in unfair competition litigation.