Non-Competes and Protection Against Unfair Competition

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.

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Peer Reviews

  • 4.7/5.0 934 reviews
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Client Reviews

  • 3.9/5.0 26 reviews
  • 81% client recommended 21 recommendations
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  • Value for Money

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Diversity

Jackson Lewis is committed to promoting an inclusive culture where diversity is valued by everyone.  We are proud of our role as a leader in educating and training employers in the laws of equal opportunity and affirmative action, as well as best practices for corporate diversity programs and initiatives.  We share our clients’ goals to emphasize diversity, integrity, and respect for the contribution of every employee. We understand the importance of having a workforce that reflects the various communities in which we work, and upon which we can rely to creatively develop preventive strategies and positive solutions for our clients.  Jackson Lewis seeks to recruit, hire, retain, develop, and advance a diverse team of employees who share our passion for representing management in all aspects of workplace law, and strives to consistently act under the following guiding principles:

 

  • Encourage a better understanding of how diverse individual experiences and backgrounds can strengthen the firm and its productivity through a continuing firm-wide communication and educational process
  • Strive to help every employee realize his or her professional potential within the firm
  • Treat every person with dignity and respect
  • Promote understanding and acceptance of individual differences
  • Respect our employees’ needs to have a work/life balance

 

The firm has a standing Diversity Committee divided into sub-committees, both to ensure all vital areas are addressed, and to provide leadership opportunities for female and minority attorneys.  The Diversity Committee is Chaired by Senior Partner Weldon H. Latham, and consists of the Co-Chairs of five Attorney Resource Groups (ARGs), discussed below.  Joan Ackerstein, a member of the firm’s Management Committee, serves as Management Committee Liaison to the Diversity Committee, and Partner, Michael Hatcher, serves as the firm’s Diversity Manager.  The ARGs address mentoring, business development, pro bono activities and recruiting.  Our Diversity Committee coordinates the activities of our ARGs, which include African American; Asian American; Hispanic; Women; and Lesbian, Gay, Bisexual and Transgender attorneys.  Each of the ARGs meets periodically to discuss business development opportunities, client service initiatives, and other professional issues. 

 

The following groups act under the guidance of the Diversity Committee:

 

African-American Attorney Resource Group

Co-Chaired by LeRoy Watkins (Morristown office) and Dev Sukhdeo (Miami office)

A resource for Jackson Lewis attorneys looking to build and maintain business relationships with HR professionals, corporate counsel and community organizations. 

 

  • Regular meetings and informal network that helps foster a positive and supportive forum in which issues unique to attorneys of color are addressed
  • Attorneys sponsor and participate in Minority Corporate Counsel Association and National Association of African Americans in Human Resources events, are active members of the National Bar Association and National Employment Law Conference

Asian American Attorney Resource Group

Co-Chaired by Tanya Bovee (Hartford office) and Nicky Jatana (Los Angeles office)

Primary goal is to increase the firm’s visibility among Asian Pacific American and other minority attorneys.

 

  • Proactive recruitment efforts at the law school level to encourage candidates of different backgrounds to apply for positions with the firm
  • Mentoring and assisting Jackson Lewis attorneys in their training and development
  • Introducing and communicating the capabilities of the firm to in-house counsel, human resource professionals, and other key decision-makers within the Asian Pacific American business community and beyond
  • Facilitating a variety of management education programs and presentations on employment, labor, benefits and immigration law topics
  • Supporting and participating in a number of professional organizations, including the Minority Corporate Counsel Association, the North American South Asian Bar Association and the National Asian Pacific American Bar Association

Hispanic Attorney Resource Group 

Co-Chaired by James Botana (Chicago office) and Pedro Torres-Diaz (Miami office)

Holds regular meetings to foster communication and teamwork among the group’s members in connection with our efforts to develop as lawyers and expand our business.

 

  • Committed to  increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development
  • Has developed and maintained its Spanish Language Legal Services to enhance the firm’s reputation and service level to existing and prospective clients in need of such services 
  • Attorneys participate in Minority Corporate Counsel Association and Hispanic National Bar Association events at both the national and local level

Lesbian, Gay, Bisexual and Transgender Attorney Resource Group

Co-Chaired by Michelle Phillips (White Plains office) and Pedro Forment (Miami office)

A consortium of attorneys and staff committed to lesbian, gay, bisexual and transgender equality in the workplace, our LGBT ARG provides an open forum for the exchange of ideas, current legal trends, and information on LGBT issues that are then shared internally and externally to promote an inclusive work environment in which respect and tolerance are the pillars of our firm culture.

 

  • Reaches out to LGBT and diversity professionals to build and maintain business relationships with corporate counsel, human resource professionals, chief executive officers and trade, non-profit, and professional organizations
  • Routinely provides speakers for a variety of management education-focused presentations, including the avoidance of sexual orientation and gender identity harassment and discrimination, diversity initiatives, domestic partner and marriage benefits and emerging same-sex legal developments
  • Participates in/supports a number of organizations and events, including the Out & Equal Workplace Summit, National Gay & Lesbian Chamber of Commerce, Lesbian and Gay Law Association of Greater New York, Society for Human Resource Management Diversity Conference, Echelon Magazine, Professionals in Human Resources Association, the National Lesbian & Gay Law Association and the Lavender Law Conference

Women's Attorney Resource Group

Co-Chaired by Susan Corcoran (White Plains office), Peggy Strange (Hartford office) and Samantha Hoffman (Orange County office)

Committed to involving Jackson Lewis attorneys in opportunities for business development by and for women.  Our firm has been a leader in this area, demonstrated most notably by its annual employment law conferences for women in-house counsel and human resource executives. 

 

  • Holds regular teleconferences to foster new and sustained marketing initiatives and share successes from around the firm
  • Assists the firm to attract and retain professional and support staff and to create new business opportunities firm wide through fostering the development of rainmaking and leadership skills among Jackson Lewis attorneys
  • Expands the scope and breadth of opportunities for all Jackson Lewis attorneys and facilitates participation by providing mentoring and sharing resources specific to this aspect of our business development efforts
  • Committed to enhancing the firm’s reputation among women’s legal and professional groups through active participation and leadership in such organizations
  • Includes membership in women’s bar associations, local chambers of commerce, and women’s business organizations