In today’s competitive global marketplace, nothing is more important to the success of your business than the ability to protect and retain human resources, intellectual property, trade secrets, workplace technology, and client relationships.

In every industry sector and geographical region, protection of these resources is critical. We help our domestic and multinational clients obtain and protect these assets by formulating innovative policies that address these needs on a local, national, or worldwide basis. When legal action is necessary, our wealth of experience in this area allows us to act with speed and resolution throughout the country.

Our Services

Members of Epstein Becker Green’s Trade Secrets & Employee Mobility Practice Group provide a full range of services, which includes:

  • Preparing enforceable confidentiality agreements and restrictive covenants (i.e., non-competition, non-solicitation, non-disclosure, and anti-raiding agreements)
  • Creating policies for information ownership, protection, and retention (i.e., policies that protect trade secrets and other confidential information, and address electronic discovery requirements and related issues)
  • Reviewing and designing compensation plans to ensure retention and compliance
  • Advising on structuring and minimizing risk when recruiting individuals or groups of employees
  • Helping clients quickly investigate and respond to situations involving thefts of trade secrets or other types of unfair competition
  • Pursuing and defending litigation involving restrictive covenants, trade secrets, employee raiding, breach of duty of loyalty, breach of contract, unfair competition, and violation of the federal Computer Fraud and Abuse Act, the Defend Trade Secrets Act of 2016, and relevant state laws

Representative Cases

Examples of some of the successes that Epstein Becker Green has achieved for clients in the areas of non-competes, unfair competition, and trade secrets litigation include the following:

  • Convinced the U.S. Court of Appeals for the Third Circuit to affirm a district court’s order preliminarily enjoining an employee of the plaintiff staffing company from disembarking to become employed by a client; the Third Circuit held that the plaintiff had protectable interests in preventing both disintermediation, i.e., “cutting out the middle man,” and the employee from passing on confidential business information to his new employer
  • Defeated a request for a preliminary injunction in a case against our client T.D. Williamson, Inc., involving alleged tortious interference, trade slander, theft of trade secrets, and breach of confidentiality agreement
  • Obtained summary judgment in favor of client GFI Group, Inc., on a claim of attempted monopolization due to employee raiding
  • Obtained a temporary restraining order followed by an agreed permanent injunction with punitive damages in a case involving the theft of a food product formula by a former employee
  • After a five-day federal court hearing, obtained a preliminary injunction for a medical services client prohibiting a former employee from working with his new employer based on a non-compete agreement that prohibited the employee from using trade secrets and other confidential information
  • Obtained summary judgment dismissing a claim for breach of a non-compete agreement against a start-up commercial real estate business on the grounds that the agreement lacked a geographic limit and that there was no use of trade secrets or confidential information
  • Successfully defended and settled a claim against an aerospace manufacturer for misappropriation of trade secrets in the engineering, design, and manufacture of an aerospace product
  • Convinced the New Jersey Supreme Court that non-compete agreements for physicians are valid, enforceable, and consistent with, rather than contrary to, public policy and 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
  • Obtained injunctive relief enforcing contractual provisions limiting a franchisee's ability to render unauthorized services
  • Enforced a post-departure stock option forfeiture and clawback provision in a long-term compensation plan for a Fortune 100 company under the “employee choice” doctrine
  • Obtained a temporary restraining order prohibiting a former sales manager and his new employer from disclosing or using confidential information, and prohibiting the sales manager from soliciting customers or prospective customers or even contacting them
  • Convinced a court, after a two-and-a-half week jury/bench trial, to enter a directed finding or directed verdict in favor of the defendants on all remaining counts of the case—breach of contract, breach of fiduciary duty, fraudulent concealment, and tortious interference
  • Achieved a default judgment in a trade secret misappropriation case as a sanction for evidence spoliation and lying under oath, and our client was awarded nearly $298,000 in attorneys’ fees and costs
  • Convinced a court, after a four-day preliminary injunction hearing, to decline to enjoin three individuals represented by Epstein Becker Green from working for a laboratory co-defendant