Paul Kennedy’s primary focus in every aspect of practicing law is exceptional client service. He is dedicated to strategic analysis, seeking practical solutions for clients when feasible, and, when not, aggressively litigating disputes to achieve favorable outcomes. He well understands that responsiveness and partnering with clients is critical to solid and enduring business relationships.
With more than 40 years of experience, Paul is a trial lawyer first, who has experience with a wide range of employment issues, including intellectual property protection, enforcement of restrictive covenants, terminations, reductions in force, leave issues, wage disputes, investigations, and employee theft, among others.
Paul is widely regarded for his knowledge of noncompetition and trade secret law. He regularly litigates cases involving breach of restrictive covenants, employee raiding, and theft of trade secrets. Paul both prosecutes and defends clients in unfair competition disputes. He has obtained awards of:
- $4 million in an employee-raiding case on behalf of a nationwide mortgage company involving the departure of 26 employees to a competitor
- $2.5 million against a former employee of a legal placement firm for theft of trade secrets
- $1.5 million against three former employees of an international staffing company for violation of noncompete and nonsolicit restrictions in employment agreements and incentive investment plans
- $1.2 million in damages (later modified on appeal) and attorneys’ fees against the sellers of a company in a sale-of-business noncompete dispute on behalf of an insulation service company owned by a Fortune 500 manufacturer of products for the home improvement and new home construction markets
Paul has litigated jury trials to obtain favorable decisions defending against attempts to recover damages for violations of restrictive covenants on behalf of clients including a leading global aerospace company and a large government contractor involved in national security and technology.
He has handled multiple injunction proceedings over these claims, both defending and prosecuting. On the prosecution side, he has convinced courts to enforce noncompete and nonsolicit restrictions against former employees, including senior executives, on behalf of a variety of companies, including, for example, a national financial services company, an international staffing company, and a nationwide automobile retailer.
He is counsel in numerous reported opinions that have defined unfair competition law in multiple jurisdictions, including Maryland and Virginia. He also has drafted and negotiated various contracts, including employment, confidentiality and proprietary rights, and assignment of invention agreements. He has written and spoken extensively on issues relating to restrictive covenants, protection of trade secrets, and employee theft of proprietary information. A practiced and engaging public speaker, Paul is a frequent and able communicator at industry conferences and functions.
Paul also has substantial experience litigating a broad spectrum of cases involving claims such as:
- Discrimination based on sex, race, national origin, age, religion, disability and pregnancy
- Sexual harassment
- Retaliation (including whistleblowing)
- Defamation, tortious interference claims, and other employment torts
He also regularly advises employers on federal and state employment laws and provides training on a variety of workplace topics. He has represented clients in a wide variety of industries including financial services, staffing, technology, retail, insurance, hospitality, healthcare, transportation, and pharmaceuticals.
Paul is a member of the Shareholder Compensation Committee and has served multiple terms on Littler’s Board of Directors, including as Chair of the Board Compensation Committee responsible for setting compensation of the Firm’s Managing Directors. Paul is also former co-Chair of Littler’s Unfair Competition and Trade Secrets Practice Group.
Paul has also been listed in Washingtonian Magazine’s “Best Lawyers” edition (2011-2012, 2013-2014, 2015-2016, 2018) as one of the top lawyers to represent employers, and in 2022 was honored by Washingtonian as a “Hall of Fame” member for lifetime career achievement.
Selected Matters
Paul has numerous reported decisions that show the depth of his experience, particularly in unfair competition matters. Some examples include:
- Allegis Grp., Inc. v. Jordan, 2018 U.S. Dist. LEXIS 38524 (D. Md. March 8, 2018) (summary judgment awarded in prosecuting claims for breach of noncompete and nonsolicit covenants)
- TEKsystems, Inc. v. Bolton, 2010 U.S. Dist. LEXIS 9651 (D. Md. February 4, 2002) (summary judgment awarded in prosecuting breach of noncompete covenant)
- Western Insulation, LP v. Moore, 316 Fed. Appx. 291 (4th Cir. 2009) (trial judgment affirmed in prosecuting breach of sale-of-business noncompete)
- Pittsburgh Logistics Sys. v. LaserShip, Inc., 2019 U.S. Dist. LEXIS 98470 (W.D. Pa. June 12, 2019) (motion to dismiss granted in defending noncompete claim)
- Padco Advisors, Inc. v. Omdahl, 185 F. Supp. 2d 575 (D. Md. 2002) (summary judgment awarded in defending trade secret claim)
- Wells Fargo Home Mortg. v. Devereaux, 2006 U.S. Dist. LEXIS 92718 (E.D. Va. December 22, 2006) (motion to dismiss denied in prosecuting employee non-solicit).
- Brainware, Inc. v. Mahan, 808 F. Supp. 2d 820 (E.D. Va. 2011) (motion to dismiss granted in part and denied in part in defending noncompete claim)
- Nnadozie v. Manorcare Health Servs., LLC, 2016 U.S. Dist. LEXIS 163810 (D. Md. November 28, 2016) (summary judgment awarded in defending race discrimination, retaliation, and hostile work environment case)
- Martinez v. P.R. Fed. Affairs Admin., 813 F. Supp. 2d 84 (D.D.C. 2011) (summary judgment awarded in defending sexual harassment claim)
