A company’s proprietary information, trade secrets and business relationships are among its most valuable assets and protecting them is key to maintaining a competitive advantage. Conversely, companies also seek legitimate advantage by hiring from the competition. Our attorneys understand this complex intersection of employment law, intellectual property, executive compensation and trade secrets, and advise employers on how best to walk that line and pursue complex litigation when problems arise.
We work with companies to implement strategies that comprehensively protect a business’ proprietary information and goodwill, from drafting and negotiating restrictive covenant agreements and reviewing for enforceability in connection with employee departures. Our attorneys also advise departing employees and their prospective employers on appropriate approaches to deal with existing restrictive covenant agreements.
Strategic Counseling and Policymaking: We draft proactive and enforceable non-compete and non-solicitation agreements, as well as developing policies to protect valuable trade secrets and confidential information.
Litigation: We represent both companies seeking to protect their trade secrets and enforce their non-competition agreements, and individuals accused of breach and misappropriation.
Areas of Focus
Our expertise in noncompetition agreements, trade secrets and unfair competition includes:
Won summary judgment on behalf of First Wave Biopharma against the former employer of its CEO dismissing claims of misappropriation of trade secrets where the prior employer claimed ownership of patents based on misappropriated trade secrets.
On behalf of Illumina, Inc. obtained dismissal of a trade secrets claim based on alleged misappropriation of trade secrets by its former CEO and other senior officers and directors.
Successfully represented a start-up in defeating a multi-national cosmetics company's attempt to enjoin our client's hire of a new CEO to oversee its product development and marketing efforts; filed a declaratory judgment action in the Business Litigation Session of the Massachusetts Superior Court seeking a ruling that our client was not a "competitor" as defined in the noncompete agreement and then defeated a request for a preliminary injunction barring his employment by our client
Successfully represented a software company in responding to a concerted raiding campaign by former employees and their new employer; obtained injunctive relief bringing to a halt efforts to “lift out” client’s off-shore engineering office and ultimately obtained favorable monetary settlement
Won dismissal of trade secret lawsuit on behalf of biotech firm, while maintaining countersuits in both state and federal court and obtaining temporary restraining order against competitor
Represented health care company in noncompete litigation, obtaining case-dispositive preliminary injunction preventing senior executive from working for Amazon subsidiar
Get to know the attorneys in our Licensing & Strategic Alliances practice.
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Foley Hoag
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