Overview
As valuable talent moves from job to job, companies are rightly concerned over materials that might leave with a departing employee or arrive with a new one. Our Trade Secrets & Employee Mobility practice group regularly handles the myriad business and legal issues surrounding the movement of personnel and the potential misappropriation of trade secrets.
Employers in every industry rely on our attorneys to help them minimize the risk of both hiring people from, and losing people to, their competitors.
Assessing Hiring Decisions
In the interest of avoiding costly litigation, our clients trust us to weigh in on all important hires and dismissals. We assess their hiring practices in a holistic, risk-managed way. We scrutinize their policies and procedures—their restrictive covenants, non-disclosure and non-solicitation agreements, training programs, protection of trade secrets, IT protocols, and all other potential areas of vulnerability—to weigh risks and recommend ways of mitigating them.
Pursuing Rogue Departures
When former employees breach their contractual or fiduciary obligations, clients turn to us for recourse. From cease-and-desist letters to temporary restraining orders, to preliminary injunction hearings, to full-blown trials, we have both the substantive legal knowledge and the extensive courtroom experience to litigate effectively trade secret and employee mobility cases in all federal and state jurisdictions.
Emotional Considerations
Our long experience with trade secrets and employee mobility makes us unusually sensitive to the raw feelings that sometimes accompany important hiring or firing situations. We help clients deal with the emotional component of these situations—rancor, suspicion, betrayal—in a professional manner that prioritizes business imperatives while heading off counterproductive antipathies.
Focus Areas
Experience
- Persuaded the New Jersey Supreme Court that non-compete agreements for physicians are valid, enforceable, and consistent with, rather than contrary to, public policy. We also convinced the court that our client, an employer-hospital, had a legitimate interest in “protecting [the] investment in the training of a physician,” in addition to traditionally recognized interests in confidential business information, patient lists, and referral sources. This ruling has since been followed in at least five other states.
- Persuaded a court, after a four-day preliminary injunction hearing, not to prohibit our clients (three individuals) from working for their new employer (a laboratory co-defendant). Had the three defendants been barred from working for their new employer, the new employer would have experienced a significant business disruption.
- Convinced the Illinois Court of Appeals to affirm the dismissal of a five-count complaint against two former employees and their new employer for alleged violations of restrictive covenants, alleged tortious interference, and alleged trade secret misappropriation.
- Obtained a default judgment in a trade secret misappropriation case as a sanction for evidence spoliation and lying under oath, and an award to our client of nearly $298,000 in attorney’s fees and costs.
- Convinced a court, after a two-and-a-half week jury/bench trial, to enter a directed finding or directed verdict in favor of two individuals and two corporations on all counts of the case—breach of contract, breach of fiduciary duty, fraudulent concealment, and tortious interference.
- Obtained a grant of summary judgment on behalf of a corporate defendant and an individual defendant in a case involving an alleged theft of trade secrets and an alleged breach of contract. A direct competitor of the corporate defendant brought the case, and we served as lead counsel for both defendants.
- Obtained a temporary restraining order prohibiting a former sales manager and his new employer from disclosing or using confidential information, as well as prohibiting the sales manager from soliciting customers or prospective customers or even contacting them.
Recognition
- The Legal 500 United States, "Recommended" in the Trade Secrets category (2025)
- World IP Review, "Recommended" in the USA Trade Secrets category (2024)
Contacts
- Member of the Firm
- Member of the Firm
- Member of the Firm
Media
Events
Upcoming Events
Past Events
Key Publications
A sampling of recent publications includes:
- “Trade Secret Laws: Illinois,” Thomson Reuters Practical Law (Jan. 2025)
- “Trade Secrets Litigation,” Thomson Reuters Practical Law (Feb. 2025)
- "Preparing for Non-Compete Litigation," Thomson Reuters Practical Law (Jan. 2025)
- "Expert Q&A on Legal Challenges to the FTC's Non-Compete Ban," Thomson Reuters Practical Law (July 2024)
- "Expert Q&A on the FTC's Final Rule Banning Post-Employment Non-Competes," Thomson Reuters Practical Law (April 2024)
- “Garden Leave Provisions in Employment Agreements,” Thomson Reuters Practical Law (Jan. 2024)
- “Non-Compete Laws: Illinois,” Thomson Reuters Practical Law (Oct. 2023)
- “Non-Compete Laws: Massachusetts,” Thomson Reuters Practical Law (Sept. 2023)
- “Lights, Camera … Trade Secrets Action,” Thomson Reuters Westlaw Today (April 2023)
- “Expert Q&A on the FTC’s Proposed Rule Banning Employee Non-Competes,” Thomson Reuters Practical Law (Feb. 2023)
- “Non-Compete Laws: Connecticut – 2022 Update,” Thomson Reuters Practical Law (Dec. 2022)
- “Trade Secret Laws: Connecticut,” Thomson Reuters Practical Law (Aug. 2022)
- “Ethical Issues for Attorneys Related to Restrictive Covenants,” Thomson Reuters Practical Law (Aug. 2022)
- “A Vaccine for ‘Normal,’ but Legal Issues to Consider for Employers,” Chicago Daily Law Bulletin (April 26, 2021)
- “Trade Secrets Law 25 Years After PepsiCo Disclosure Case,” Law360 (Jan. 2021)
- “Hiring from a Competitor: Practical Tips to Minimize Litigation Risk,” Thomson Reuters Practical Law (May 2020)
- “The Future of Force Majeure in Employment Contracts,” Law360 (April 2020)
- “Expert Q&A on Biometrics in the Workplace: Recent Developments and Trends,” Thomson Reuters Practical Law (Feb. 2018)
- “Developing a Plan for Employee Departures in California,” IPWatchdog (June 27, 2017)
Insights
Insights
- BlogsLimits on Physician Noncompete Agreements: Navigating New State Laws and Legislation6 minute read
- BlogsSpilling Secrets Podcast: Trade Secrets in Hollywood - Lessons from Oscar-Nominated Films2 minute read
- Firm Announcements
Epstein Becker Green Attorney Iris Chiu Named to the 2025 Southern California Rising Stars List
3 minute read - BlogsEpstein Becker Green Files Amicus Brief for 10 National Industry Organizations to Uphold District Court’s Order Setting ...3 minute read
- PublicationsTrade Secrets Litigation—2025 Update2 minute read
- BlogsTrade Secrets Litigation: 2025 Update2 minute read
- BlogsThe Buckeye State to End Employer Noncompetes? Ohio Introduces Bill That Would Ban Employers from Entering into Noncompetes ...5 minute read
- BlogsWashington State Seeks to Broaden the Definition of “Noncompetition” and Ban Most Noncompetes5 minute read
- Media CoverageChristopher Cianci Featured in “Experienced Employment Atty Joins Epstein Becker Green in LA”2 minute read
- BlogsPreparing for Non-Compete Litigation: 2025 Update2 minute read
- Firm AnnouncementsEmployment Attorney Christopher Cianci Joins Epstein Becker Green, Strengthening Litigation Capabilities in Los Angeles ...2 minute read
- PublicationsPreparing for Non-Compete Litigation—2025 Update2 minute read
- Firm Announcements
Epstein Becker Green’s Employment, Labor & Workforce Management Practice Honored as a Law360 2024 “Employment ...
6 minute read - PublicationsAgencies Issue Antitrust Guidelines for Business Practices Impacting Workers2 minute read
- BlogsSpilling Secrets Podcast: Trade Secret Litigation - Lessons from High-Stakes Group Exits2 minute read
- BlogsNew York State Proposes Bill That Would Place Restrictions on Noncompetes and Other Restrictive Covenants5 minute read
- Firm Announcements
Five Epstein Becker Green Attorneys Named to the 2025 Illinois Super Lawyers and Rising Stars Lists
3 minute read - BlogsVideo: Employment Law in 2025: A Look Ahead - Employment Law This Week4 minute read
- PublicationsTrade Secret Laws: Illinois – Q&A Guide for Employers, 2025 Update1 minute read
- PublicationsIllinois Employers Need to Know Nine New Employment Laws for 202522 minute read
- BlogsSpilling Secrets Podcast: 2024’s Biggest Trade Secrets and Non-Compete Developments2 minute read
- Firm AnnouncementsEpstein Becker Green Awards 2024 Annual Core Values Champions5 minute read
- Media CoverageMike Ferrell Quoted in “Noncompete Agreements and ‘Stay or Pay’”2 minute read
- BlogsThe Future of Federal Non-Compete Bans in a Trump Administration9 minute read
- BlogsSpilling Secrets Podcast: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers2 minute read
- Firm AnnouncementsEpstein Becker Green Announces 2025 Promotions4 minute read
- BlogsSpilling Secrets Podcast: Wizarding and the World of Trade Secrets2 minute read
- BlogsTwo Appeals to Determine Fate of FTC’s Noncompete Ban3 minute read
- BlogsVideo: Mental Health Parity Rules, NLRB Restrictions, New York's Workplace Violence Prevention Law - Employment Law This ...4 minute read
- BlogsNLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions7 minute read
- Media CoverageCourtney McFate, Rishi Puri, Carlie Bacon Featured in “Lane Powell Employment Trio Joins Epstein Becker Green in ...2 minute read
- BlogsPennsylvania Plaintiff That Failed in Effort To Block FTC Noncompete Ban Drops Lawsuit3 minute read
- Media CoverageCourtney McFate, Rishi Puri, Carlie Bacon Featured in “Epstein Becker Green Expands in Portland with Lane Powell Trio” ...2 minute read
- Firm AnnouncementsEpstein Becker Green Continues Expansion in Portland, Strengthens West Coast Foothold with New Employment Law-Focused ...4 minute read
- Firm Announcements
Four Epstein Becker Green Attorneys Named to the 2024 Massachusetts Super Lawyers and Rising Stars Lists
8 minute read - BlogsNLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a ...4 minute read
- BlogsSpilling Secrets Podcast: After the Block - What’s Next for Employers and Non-Competes?2 minute read
- BlogsGeorgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits3 minute read
- Blogs
Continued Employment May Constitute Sufficient Consideration for Noncompete Agreements in Connecticut, but Uncertainty ...
4 minute read - Blogs
What the FTC Non-Compete Ban Block Means for Employers - Employment Law This Week Video
2 minute read - PublicationsLegal Challenges to the FTC’s Non-Compete Ban2 minute read
- Publications#WorkforceWednesday: Courts Side with Employers – Tip Credit Rule and Non-Compete Ban Struck Down Nationwide3 minute read
- Media CoveragePeter Steinmeyer Quoted in “Fight Over Health Noncompete Pacts Far from Over”3 minute read
- Media CoverageErik Weibust Quoted in “Judge Strikes Down FTC Noncompete Ban Nationwide”4 minute read
- BlogsTexas Court Shoots Down FTC Noncompete Ban Nationwide6 minute read
- Media CoverageStuart Gerson, Erik Weibust, Peter Steinmeyer Quoted in “Will the FTC Non-Compete Ban Happen? Physicians Await Uncertain ...7 minute read
- BlogsFlorida Court Joins Texas Court in Granting Preliminary Injunction Against FTC’s Final Rule Banning Noncompetes, but ...5 minute read
- BlogsSpilling Secrets Podcast: What Is the Future of Non-Compete Agreements for Employers?2 minute read
- PublicationsExpert Q&A on Legal Challenges to the FTC's Non-Compete Ban4 minute read
- BlogsSpilling Secrets Podcast: Can FTC’s Non-Compete Ban Survive Without Chevron Deference?2 minute read