Unfair Competition, Non-Compete and Theft of Trade Secrets

LGWM’s Employment Practice Group helps employers protect themselves from unfair competition caused by employee theft of trade secrets, breach of fiduciary duty, violations of non-compete or non-solicitation agreements and other wrongful conduct. We work with clients to protect their trade secrets and confidential information by drafting non-competition agreements, non-disclosure and confidentiality agreements, and non-solicitation agreements.

When stronger action is required to protect the employer’s proprietary information and business interests, the LGWM’ Employment Practice Group aggressively litigates claims on behalf of employers for breach of non-competition agreements, theft of trade secrets, breach of fiduciary duty, employee raiding and unfair trade practices, breach of fiduciary duty claims, and violations of the federal Computer Fraud and Abuse Act, the Economic Espionage Act, and various state trade secrets statutes. LGWM is prepared to quickly initiate legal action on behalf of our clients to prevent anticipated wrongful conduct through filing petitions for temporary restraining orders and preliminary injunctions.

Cases of Note

• LGWM has advised insurance brokerage companies regarding provisions to include in agreements with its independent agents so as to ensure appropriate protection of confidential and proprietary information, including, but not limited to, pricing information, customer lists, and protected processes.
• LGWM has assisted insurance carriers, insurance brokers, and various other companies with the preparation of employment agreements. LGWM has advised these clients with regard to the appropriate restrictive covenants to include relating to competition and solicitation of current and former employees and customers so as to protect the clients’ business.
• LGWM has represented employers who have pursued former employees for breach of their employment agreements when the former employees have begun working for competitors or have improperly utilized proprietary information.
• LGWM has defended a high level employee against claims asserted by his former employer for violation of his non-compete agreement. After exposing the company’s own breach of its agreement, LGWM assisted the Parties in achieving an amicable resolution.
• LGWM has advised brokers and agents regarding the scope of restrictive covenants contained in severance packages so as to avoid violation of severance agreements and liability for breach of contract claims.
• LGWM assisted a national methadone clinic who was ceasing its Alabama operations with preparation of severance packages for the affected employees. LGWM assisted with developing reasonable restrictive covenants to include in the severance agreements for several employees.