Brian E. Spang

“I have spent 27 years finding the shortest path to the best result for employers in complex, high-exposure litigation.” —Brian E. Spang

Employers facing trade secret theft, key employee defections, restrictive covenant violations, or wage and hour class actions turn to attorney Brian Spang for swift, decisive action.  

A proven litigator, strategic thinker, and skilled writer, Brian applies a practical, collaborative approach to litigation management. His years of litigating before federal and state judges, sharpened by an early clerkship with a federal magistrate judge, have provided Brian with a keen understanding of how courts evaluate arguments. He uses that perspective to give clients an advantage from the moment a dispute arises.

Brian has tried and argued cases nationwide in federal and state trial and appellate courts, as well as before arbitration panels and administrative agencies. Brian’s clients have ranged from startups to some of the world's largest financial services institutions, insurance companies, and technology firms.

His practice focuses on two closely related areas: trade secret and employee mobility litigation, and employment defense. On the trade secret and restrictive covenant side, he has represented clients in emergency injunction proceedings and full-merits litigation. He is equally fluent on both sides of these disputes—obtaining temporary restraining orders (TROs) and preliminary injunctions for clients whose departing employees have crossed the line, and defeating injunction motions filed against clients who have hired talent from competitors.

On the employment defense side, Brian has represented employers from summary judgment through appeal in matters involving Title VII discrimination and retaliation claims, age discrimination suits, sexual harassment claims, Family and Medical Leave Act (FMLA) termination claims, criminal history screening challenges, and wage and hour class and collective actions.

Outside of litigation, Brian counsels employers on drafting and implementing employment contracts, restrictive covenants, and non-solicitation agreements; advises on the risks and mechanics of hiring employees from competitors; and designs commission and incentive compensation plans. He also presents continuing legal education programs and authors updates explaining noncompete legislative and regulatory developments that most directly affect his clients.

Brian rejoined Epstein Becker Green after several years as a partner at an international law firm, where he continued to develop his trade secrets and employment litigation practice. He clerked for U.S. Magistrate Judge Roger B. Cosbey (retired) in the Northern District of Indiana following law school.

What Brian Delivers for Clients

• Both Sides of the Injunction: When a client needs a TRO or preliminary injunction, or needs to defeat one, Brian has handled both repeatedly. He has obtained TROs enjoining former employees from soliciting clients and misusing confidential information, and he has defeated injunction motions brought against clients accused of poaching employees. That dual experience sharpens his strategy at every stage of an emergency proceeding.
• Full-Merits Litigation Through Verdict and Appeal: Brian takes cases all the way when the client's interests require it. He has litigated through summary judgment, trial, verdict, arbitration merits hearings, and appeal.
• Cost-Effective Resolution of Class and Collective Actions: Wage and hour class actions and Fair Labor Standards Act (FLSA) collective actions carry significant financial and reputational risk. Brian has defeated motions for conditional certification and defended appellate challenges. He gives employers a disciplined strategy at each stage, not a default toward settlement.
• Practical Counsel Before Disputes Arise: Many of the disputes Brian litigates could have been avoided with well-drafted agreements and clear policies at the outset. He helps employers structure restrictive covenants that are enforceable, compensation plans that motivate without creating liability, and hiring processes that do not inadvertently import a competitor’s legal problems.
• Regulatory Intelligence Turned Into Action: Employment law changes constantly, and Brian tracks legislative and regulatory activity across the jurisdictions where his clients operate. He translates these developments into immediate, concrete guidance, ensuring that employers understand their compliance obligations before new requirements take effect.

Trade Secret Misappropriation, Restrictive Covenant, and Related Unfair Competition Litigation

• Defended a Korean-American banker against a claim that he used misappropriated trade secret client information to solicit clients. Brian first-chaired a five-day JAMS merits arbitration hearing, which resulted in an award rejecting the claim and imposing substantial discovery and litigation costs on the prosecuting bank.
• Defended as co-lead counsel a proprietary trading firm against a former trader employee’s claims for tortious interference and violation of the implied covenant of good faith and fair dealing, seeking more than $50 million in damages, and other compensation-related claims. After a seven-day JAMS merits arbitration hearing, the arbitrator rejected the $50 million damages claim.
• Represented a top-level logistics and supply chain employee of one of the largest technology companies in the world against a claim by one of the largest international shipping companies that the new employment violated a noncompete restriction. Brian defended the hiring manager’s deposition and wrote the preliminary injunction briefs. The plaintiff’s motion for a preliminary injunction enforcing the noncompete was denied.
• Defended an outside sales representative of a construction equipment rental company against a claim that her new employment violated a noncompete under plaintiff-favorable Florida law. Brian first-chaired a four-day preliminary injunction hearing, after which the court only partially enforced the noncompete’s geographic territory, allowing the sales representative to work the territory for which she was hired to work.
• Defended a multinational insurance broking company after it hired a 25-person group from a competitor. Brian defeated a motion for a TRO after briefing and oral argument, then successfully moved to dismiss seven of the eight claims asserted.
• Defended a health care industry e-learning company against claims that a new employee had misappropriated trade secrets by downloading files to a USB device. Brian defeated a motion for a preliminary injunction after a multiday evidentiary hearing focused on expert forensic computer testimony, resulting in a favorable settlement.
• Defended a 3D printing company against claims for tortious interference with a restrictive covenant and inevitable disclosure of trade secrets. Brian defeated a motion for preliminary injunction after a multiday evidentiary hearing, resulting in a favorable settlement.
• Served as lead counsel for a national facility maintenance and managed services company and its new employee, defending claims for breach of restrictive covenants, tortious interference, trade secret misappropriation, and violations of the Computer Fraud and Abuse Act. Brian won summary judgment on all claims and recovered costs.
• Prosecuted a lawsuit for a multinational insurance company against a former employee for breach of a restrictive covenant. Brian obtained a TRO enjoining the former employee from soliciting clients and from using confidential information, which led to a favorable settlement.
• Prosecuted a lawsuit for a global food corporation against a former employee for breach of a confidentiality provision. Brian obtained a TRO enjoining the former employee from soliciting clients and using confidential information.
• Prosecuted a lawsuit for a global talent acquisition and advisory firm against former employees who solicited clients in violation of restrictive covenants. Brian defeated a motion to dismiss, negotiated a favorable settlement, and recovered all costs.
• Prosecuted a lawsuit for a national and international professional information and software solutions firm against a former employee who misrepresented his retirement plans to join a competitor. After deposing the new employer’s chief executive officer, Brian secured a settlement on very favorable terms for the client.
• Represented a Fortune 100 financial services company in a FINRA arbitration alleging trade secret misappropriation, breach of restrictive covenants, and employee raiding against a competitor. After four weeks of testimony, the arbitration panel awarded $20 million in combined compensatory and punitive damages.

Wage and Hour Class and Collective Actions

• Served as co-lead counsel for a Fortune 50 national bank defending a putative FLSA collective action. Brian defeated the first-stage motion for conditional certification.
• Served as co-lead counsel for a telecommunications company defending a state wage law claim that overtime-exempt status had been forfeited for several thousand employees. Brian briefed the appeal, successfully defending the company’s trial court victory.

Employment Discrimination and Wrongful Termination Defense

• Defended a Fortune 50 financial services company against age discrimination claims asserted by former in-house counsel. Brian won summary judgment on all claims; the U.S. Court of Appeals affirmed.
• Served as co-lead counsel for a Fortune 500 national staffing company defending Title VII race discrimination and FLSA retaliation claims. Brian won summary judgment on all claims; the U.S. Court of Appeals for the Fifth Circuit affirmed.
• Defended an international manufacturing company against an FMLA termination claim. Brian won summary judgment after oral argument and obtained costs against the plaintiff.
• Defended a Fortune 50 financial services company in two separate sexual harassment matters. Brian won summary judgment in both cases by successfully developing and proving the Faragher/Ellerth affirmative defense.
• Defended a Fortune 50 national bank in a putative class action alleging violations of New York State criminal history screening law. Brian won a Rule 12(b)(6) motion to dismiss before class certification by demonstrating that Section 19 of the Federal Deposit Insurance Act authorized the bank’s hiring practices and preempted state law.

• The Legal 500 United States, Workplace and Employment Counseling and Labor and Employment Disputes (Including Collective Actions): Defense (2018, 2019)

Education

• University of Illinois College of Law (J.D., magna cum laude, 1997)
  • Administrative Editor, The Elder Law Journal
• College of William and Mary (A.B., with honors, 1994)

Professional & Community Involvement

• Downers Grove DOLLS Youth Fastpitch Softball: Volunteer Coach, Member, and Chairman of the Board of Directors (2011–2021)
• Volunteers of America Illinois: Member and Secretary of the Board of Directors (2018–2023)