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.
5.0/5.0 by a Managing Partner on 10/11/10
5.0/5.0 by a Partner on 12/16/11
5.0/5.0 by a Chief Legal Officer on 09/14/12
Mr. Uppal is an exceptional lawyer. He has a brilliant legal mind and extremely practical when providing counsel. Excellent overall legal skills. Read more
Mr. Uppal is an exceptional lawyer. He has a brilliant legal mind and extremely practical when providing counsel. Excellent overall legal skills.
5.0/5.0 by a Partner on 11/23/10
5.0/5.0 by a Member on 04/30/12
5.0/5.0 by a Sole Practitioner on 12/22/10
Mr. Monks is an ethical, professional and competent advocate for his defense clients. I litigated against him as a plaintiff's lawyer. While the cli... Read more
Mr. Monks is an ethical, professional and competent advocate for his defense clients. I litigated against him as a plaintiff's lawyer. While the client's were quite hostile Mr. Monks remained above the fray and conducted himself with decorum while effectively advocating for his clients.
5.0/5.0 by a General Counsel on 07/18/14
5.0/5.0 by a Partner on 04/03/12
5.0/5.0 by a Principal on 05/23/11
5.0/5.0 by a Other Legal Professional on 10/22/10
5.0/5.0 on 02/20/10
5.0/5.0 on 08/31/10
5.0/5.0 on 04/03/09
5.0/5.0 on 05/28/11
5.0/5.0 on 07/22/10
Bert is very knowledgeable and has given us invaluable counsel for various labor issues which have arisen for our small business. His advice has alwa... Read more
Bert is very knowledgeable and has given us invaluable counsel for various labor issues which have arisen for our small business. His advice has always been on target and not "over-lawyered" as he is realistic as to the day to day operations of a small business. He astutely assesses risk and gives good recommendations. He is very knowledgeable about all aspects of both federal and state labor law. It helps that his firm has offices in other states as he helps other locations of our business.
5.0/5.0 on 03/28/12
5.0/5.0 on 02/21/10
2.5/5.0 on 10/13/10
5.0/5.0 on 11/22/10
4.3/5.0 on 03/25/10
Our Firm's commitment to diversity is nearly a half-century old. Our first woman partner was Margie Pitt Hames, hired in 1962. She was soon joined by Dorothy Toth Beasley, now a judge on the Georgia Court of Appeals. In 1973, Ms. Hames and Judge Beasley made legal history by being the first women attorneys to argue both sides of a case in the U.S. Supreme Court. The case was Doe v. Bolton, a companion case to Roe v. Wade. Although both were at different firms at the time, Ike Fisher, one of our founders, referred to the historic argument as one of the proudest moments of his career.
Our goal today is to continue that tradition of inclusion, and expand upon it. We strive to recruit, hire, develop, retain and promote diverse attorneys and staff at all levels.
While this spirit of openness is engrained in our spirits, we have also formalized our efforts. We have established a Diversity Committee, composed of partners, of counsel, and associates from across the country, all of whom represent differences in ethnicity, race, gender, religion, lifestyles, backgrounds, and viewpoints. The Diversity Committee's goals can be summarized in five key initiatives:
We actively participate in diversity job fairs, including the Southeastern Minority Job Fair, which has led to our hiring several attorneys of diverse backgrounds. We also participate in the Council on Legal Education Opportunity (CLEO) job fair, and regularly interview at law schools which boast a large number of minority law students. In addition, our network of recruiters specializes in finding attorneys of color.
Aggressively recruiting qualified women and minority candidates is just a start: we also make every effort to retain them. Our firm-wide mentoring system pairs each associate with a partner-mentor. In addition, each member of the firm's Diversity Committee serves as a liaison to one or more of the firm's offices to provide additional support and resources. The Committee members are also available to help associates with their questions or concerns.
We've developed comprehensive training programs that address not only specialized legal skills in the Labor & Employment law practice, but also general skills such as client communications and marketing – core skills for preparing associates to fulfill roles as partners and leaders.
We're proud that we have a long-standing part-time policy that is tailored to fit the needs of each attorney who requires a reduced schedule. We recognize and appreciate the importance of enabling all attorneys to continue their careers while balancing the demands of professional and family life. Our benefits cover domestic-partner relationships as part of our overall effort to value, respect, and assure equal treatment to all employees regardless of sexual orientation.
We also regularly sponsor and participate in a number of diversity initiatives in our communities and host in-office events for law students and young attorneys from diverse backgrounds. These events are designed to help young attorneys learn how to succeed as associates.
Finally, many of our lawyers are members of, and serve in leadership positions in local and national organizations that help promote diversity in the legal profession, including: the Corporate Counsel Women of Color; the Georgia Association of Black Women Attorneys; the annual Lavender Law Conference; the National Asian-Pacific American Bar Association; the National Bar Association; and the National Employment Law Council.