A C-suite executive has just given notice of their intention to take an identical role with your largest direct competitor—and they’re taking confidential information with them.
Virtually the entire sales team for one of your most profitable branch offices has resigned en masse and is starting to systematically solicit your customers.
You just finalized the hire of a superstar employee from a rival, only to receive a letter threatening suit.
These are just some of the high-stakes, time-sensitive situations involved with protecting trade secrets, proprietary information, and business relationships in today’s fast-paced commercial landscape.
Littler can help. Our team provides the experienced, knowledgeable, and practical counsel organizations need to guard their valuable assets, effectively hire from rival companies, and sustain their competitive edge.
Leading Litigators
Our team has successfully represented thousands of employers, both as defendants and plaintiffs, in unfair competition and trade secret matters across the country. We provide:
- Quick and efficient counsel. These cases often require attorneys to act fast on tight timelines. Littler has the resources, geographic reach, and deep bench of experienced litigators to mobilize quickly and minimize business interruption for our clients.
- Multi-jurisdictional capabilities. With a vast international footprint and offices across the U.S., we can serve as a single point of contact for organizations across jurisdictions.
- Creative strategies. We have the experience and courtroom savvy needed to deliver persuasive arguments in trial, as well as to help clients reach creative settlements that result in positive business outcomes.
- A proactive approach. We help our clients avoid costly litigation from arising in the first place through a variety of preventive measures and audits.
Trusted Advisors
No matter an employer’s location or industry, we’re here to provide strategic guidance and serve as an extension of their in-house team. Our attorneys deliver holistic and forward-thinking advice on policies, contracts, and other critical aspects of the employment relationship, working closely with clients to:
- Put the right agreements in place that are tailored to their business needs and maintain the maximum likelihood of enforceability—at a time when such agreements have come under mounting scrutiny.
- Advise clients regarding the most effective strategies to protect their trade secrets and proprietary information, and better retain their key employees.
- Secure confidential information and customer relationships when key employees leave the company.
- Counsel on best practices in hiring employees from competitors.
- Achieve compliance with the many nuances of U.S. state and federal laws, as well as the requirements of key countries around the globe.
Renowned Thought Leaders
Our team includes recognized thought leaders who frequently publish articles and speak at leading industry conferences on trends related to non-competition and trade secret protection. We continuously track legislation, court opinions, activity from government entities, and other developments, allowing us to provide up-to-the-minute guidance on new and impending changes.
In conjunction with Littler’s Workplace Policy Institute®, we also advocate on behalf of employers to help shape relevant public policy, such as submitting extensive commentary in response to the FTC’s proposed ban on non-competes.
Representative Work
- Thwarted planned defection of C-suite executive to direct competitor. Despite lacking a contractual non-compete provision, Littler obtained a temporary restraining order (TRO) by demonstrating how a top executive had misappropriated trade secrets and other proprietary information on his way to join a competitor. The executive and the competitor ultimately terminated their prospective employment agreement.
- Represented Fortune 500 professional services firm combating multiple large-scale employee raids. Over a four-year period, Littler obtained several significant judgments and settlements for a professional services client by aggressively pursuing trade secrets, breach of contract, and tortious interference claims against former employees and their new employer, arguing that they coordinated group departures, misappropriation of confidential information, and solicitation of customers.
- Obtained preliminary injunction on behalf of mortgage lender in employee raiding and trade secrets case. After a coordinated group departure involving misappropriation of confidential information and immediate customer solicitation, a Littler team obtained a preliminary injunction against six former employees and their new employer, enjoining them from using the company’s data and from contacting or soliciting numerous clients.
- Successfully defended a Motion for TRO and Motion for Preliminary Injunction on behalf of retail client. When a competitor sought injunctive relief to block the hiring of its former Marketing Director, Littler put together such a convincing argument at the preliminary injunction hearing that the judge denied the motion on the record. After this defeat, the competitor voluntary discontinued the action without prejudice.
- Prevailed on Motion for TRO on behalf of insurance broker to stop trade secret misappropriation and customer solicitation. Littler stopped an individual who sold his company to our client from coordinating a massive theft of its confidential information and customers for his newly-formed business. After obtaining a TRO, Littler’s continued pressure led the defendants to agree to a stipulated preliminary injunction and forensic protocol. They were also enjoined not only from using or disclosing our client’s confidential information, but from soliciting its customers (a rare remedy in California).
“Protecting a company’s employee and customer relationships, as well as its trade secrets, is vital—particularly given the fast-changing regulatory environment and shifting nature of the modern workplace. Our team draws on unparalleled resources and an in-depth understanding not only of the evolving legal landscape but our clients’ particular business goals to meet their strategic objectives, protect proprietary information, better retain key employees, and avoid, prosecute, or defend high-profile litigation.”
– Melissa McDonagh and James Witz, co-chairs of Littler’s Unfair Competition and Trade Secrets Practice Group
“Littler has achieved significant success on our behalf in multiple unfair competition matters in jurisdictions across the U.S. In my experience, retaining Littler means working with an extremely well-resourced, knowledgeable, responsive, and thorough team of employment lawyers who are well-positioned to cover all aspects of their clients’ domestic and international employment needs.”
– Vice President, Associate General Counsel for Fortune 500 integrated communications company
“The Littler team has been my go-to advisors for restrictive covenant and labor and employment counseling and litigation. In particular, immediately after commencing work for us, the team secured major victories in multiple high-profile restrictive covenant cases involving some of our fiercest competitors.”
– Global Chief Counsel, Employment Law and Investigations for Fortune 500 professional services firm
