Non-Compete, Unfair Competition and Trade Secrets

Overview

Companies live and die based on their ability to protect trade secrets and customer relationships and to retain highly skilled workers. When a competitor gains access to confidential information, customer relationships, or key employees, the result can be catastrophic. 

Dykema's employment attorneys understand the need for fast, aggressive action to protect your intangible assets and prevent the disclosure of trade secrets and other confidential information, and have extensive experience in prosecuting claims under state and federal laws prohibiting unfair competition.

That valuable experience also allows Dykema to defend against claims for violation of noncompete agreements, misappropriation of trade secrets, or other allegations of unfair competition quickly and effectively.

As in so many other areas, prevention is often preferable to litigation. Dykema's attorneys advise employers and employees in planning for the departure or hire of employees, and in the implementation of policies and agreements to protect those intangible assets, including drafting noncompetition, confidentiality, or non-solicitation agreements.

Experience Matters

Current engagements include:

  • Representation against a former officer, shareholder and employees in a newly formed company for alleged trade secret misappropriation and breach of fiduciary duty claims.
  • Representation of a software company in a multi-million dollar trade secret action against former software developers and their current new employer.
  • Representation of computer training company and two new employees in action brought by competitor and former employer for violation of noncompete agreements and misappropriation of trade secrets.
  • Representation of a financial services firm in action against competitor and former investment advisors who were collectively recruited and hired by the competitor for the purpose of converting millions in managed assets.
  • Representation of former owner of health care services firm in an action brought by the purchaser for violation of non-compete agreements.
  • "Effective Non-Compete Agreements Require Careful Crafting by Employers"
    Bloomberg BNA Daily Labor Report, 182 DLR-I-1
    September 19, 2014
  • "Illinois Appellate Court Ruling Imposes New Requirements on Employers Wishing to Issue Noncompetition Agreements"
    Dykema's Labor and Employment Blog
    July 16, 2013

Speaking Engagements

  • Exploring Legal Issues Affecting Employers and Offering Proven Solutions, Dykema Employment Seminar
    November 15, 2011
  • 2010 Employment Seminar
    November 10, 2010