dcsimg Noncompetes, Trade Secrets and Employee Fraud

Noncompetes, Trade Secrets and Employee Fraud

In today’s competitive marketplace, protecting a company’s trade secrets, proprietary information, assets and customer relationships is critical. We believe a proactive, preventive strategy is the best way to insulate clients from unfair competition and employee fraud. We can assist you in addressing:

  • Breach of Employment Contracts
  • Contract/Customer Interference
  • Computer Fraud
  • Electronic Communications
  • Embezzlement
  • Employee Raiding
  • Noncompete Enforcement
  • Protection of Trade Secrets
  • Theft of Company Property
  • Unfair and Deceptive Trade Practices

McGuireWoods attorneys have extensive experience representing companies in enforcing noncompete, confidentiality and trade secret agreements throughout the United States. As employers have become more dependent on sophisticated technology, the need to draft comprehensive agreements and policies, and then enforce them in court through injunction proceedings, has grown ever more important. At the same time, due to rapid developments in technology, confidential information and trade secrets become stale in the blink of an eye. As a result of these and other fundamental changes, companies must have an up-to-date arsenal of cogent agreements and policies that are well-drafted and readily enforceable in court.

The Best Offense

McGuireWoods attorneys help companies protect what is theirs by drafting and enforcing effective noncompete, trade secret, and confidentiality agreements and policies. We also counsel employers on how to negotiate settlements prior to litigation and, when needed, we fight for our clients’ interests in court.

We primarily represent employers in both challenging and defending noncompetition and other similar agreements. We also represent individual employees in such matters on behalf of the companies who seek to hire them. We have pursued former employees on theories such as unfair competition, conspiracy, breach of contract, unjust enrichment, misappropriation of trade secrets, quantum meruit, breach of fiduciary duty (based on activity against the employer's interest while still employed), and similar bases. These matters are staffed by lawyers from our Labor & Employment, Commercial Litigation and Intellectual Property Litigation departments.

The Best Action

Often parties do not realize the level of commitment required to engage in such litigation until they are in the middle of it. We believe that a well-defined analysis of the risks and rewards serves our clients’ interests. That said, once the decision is made to proceed, we move rapidly and decisively to take the appropriate course of action.

Speed is often critical in such matters, and we have not only the legal experience, but also the practical experience and resources to strike quickly. We have an established network of supplemental resources such as investigators and computer forensic analysts, who allow us to maneuver effectively when prompt action is required.

CONTACTS

John G. McDonald Partner T: +1 704 343 2276
Results 1-12 of 12

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Large US based retailer

Won summary judgment for national retailer in a $5 million adversary proceeding in the United States Bankruptcy Court for the District of New Jersey.
Representative Matter

Leading North American financial services provider

Effectively defended the plaintiff's motion for temporary injunction in the Eastern District of Virginia, where a new hire employee of leading financial service provider was sued by her former employer for alleged breach of a non-compete agreement.
Representative Matter

Employer

Filed suit against a former employee and his new employer in Georgia state court on a theft of trade secrets and "inevitable disclosure of trade secrets" theory. We were effective in obtaining a TRO and a consent injunction and forfeiture of extensive stock options.
Representative Matter

Regional financial services company

Won a decision in favor of our regional financial services client and its senior officers in a North Carolina Court of Appeals decision involving a claim by one bank against another (our client) for tortious interference with contract after our client hired two of plaintiff's senior employees to become president and vice president. McGuireWoods lawyers led the way by getting the case dismissed against our client, having trial court sanction the opposing counsel and plaintiff, and confirming the dismissal and order for sanctions on appeal.
Representative Matter

Bank broker-dealer

In the 9th Circuit in Orange County, Calif., we obtained preliminary injunctive relief for a bank broker-dealer against a securities broker who had misappropriated confidential customer information and used it to solicit business for a competitor.
Representative Matter

American packaging company

Obtained temporary injunction against former executive for breach of noncompetition agreement and threatened misappropriation of trade secrets.
Representative Matter

Aftermarket undercar manufacturer/distributor

Representation of aftermarket undercar manufacturer/distributor in trade secrets suit. Received default judgment, including a grant of injunctive relief permanently enjoining the defendant from using any misappropriated trade secrets and enjoining the defendant from competing with our client for a period of three years in China and the United States. Our client was awarded compensatory and punitive damages, as well as attorneys’ fees and costs.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings applying Federal Arbitration Act to state court proceedings to compel arbitration of employment-related claims.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings determining constitutional due process limits on punitive damages awards in multi-plaintiff sexual harassment case.
Representative Matter

Investment subsidiary of a Fortune 100 financial institution

Representation of investment subsidiary of a Fortune 100 financial institution in trade secrets case. Obtained temporary restraining order and subsequently negotiated a favorable settlement concerning three financial services brokers who surreptitiously and carefully orchestrated a plan to misappropriate trade secrets and to use that information to solicit their former employer’s customers to transfer their accounts to their new employer.
Representative Matter

Leading food distributor

Representation of leading food distributor in breach of non-solicitation agreements matter.
Representative Matter

Global science company

Representation of a global science company in a trade secrets theft case against a South Korean manufacturing company, in which a federal judge has ordered an injunction prohibiting the defendant from producing and selling its competing product developed after trade secrets were stolen.
Results 1-12 of 12
Results 1-25 of 33
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Steven N Baker Steven N. Baker
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2262
F: +1 704 353 6172
vCard
Sarah A Belger Sarah A. Belger
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5350
F: +1 703 712 5299
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Pamela J Butler Pamela J. Butler
Counsel
300 North Third Street
Suite 320
Wilmington, NC 28401-4099

T: +1 910 254 3829
F: +1 910 254 3830
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 904 798 3223
F: +1 904 798 3261
vCard

T:+44 20 7632 1600
F: +44 20 7632 1638

Phillip Chang Phillip C. Chang
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1725
F: +1 202 828 2995
vCard
Michael J DiMattia Michael J. DiMattia
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7009
F: +1 212 715 2312
vCard
Susan Pyle Dion Susan Pyle Dion
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8951
F: +1 704 353 6162
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4516
F: +1 512 617 4586
vCard
Mathew D. Dudek
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8113
F: +1 312 698 4517
vCard
Edward M Eakin III Edward M. Eakin III
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1153
F: +1 804 440 7730
vCard
Ronda Brown Esaw Ronda Brown Esaw
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5392
F: +1 703 712 5251
vCard
Brad A Funari Brad A. Funari
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7988
F: +1 412 667 7976
vCard
Robyn S Gray Robyn S. Gray
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1227
F: +1 804 698 2138
vCard
David L Greenspan David L. Greenspan
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5096
F: +1 703 712 5214
vCard
James J Hendrickson II James J. Hendrickson II
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3546
F: +1 312 698 4559
vCard
Robert F Holland Robert F. Holland
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4718
F: +1 804 225 5412
vCard
Halima Horton Halima Horton
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5715
F: +1 404 443 5765
vCard
David D Leishman David D. Leishman
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8680
F: +1 312 698 4531
vCard
Jasmine C. Marchant
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2215
F: +1 703 444 8782
vCard
John G McDonald John G. McDonald
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 704 343 2276
F: +1 704 444 8753
vCard

T:+1 212 548 2176
F: +1 704 444 8753

Lynette McNeil Lynette W McNeil
Counsel
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5723
F: +1 404 443 5759
vCard
Christopher M Michalik Christopher M. Michalik
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4343
F: +1 804 715 6287
vCard
Paul M Navarro Paul M. Navarro
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2183
F: +1 704 444 8760
vCard
Michael R Phillips Michael R. Phillips
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8902
F: +1 312 920 6181
vCard