Unfair Competition, Antitrust and Intellectual Property
Our litigators have successfully prosecuted and defended numerous cases involving unfair competition claims and “soft” IP matters. These include claims for theft of trade secrets, unfair competition, private Sherman Act violations, tortious interference with contract, raiding and unfair solicitation, violations of non-competition and confidentiality agreements, and Lanham Act, trademark and copyright violations. We have procured preliminary injunctions precluding the use of confidential information such as customer lists and client contacts on behalf of our clients, while we have successfully defeated multiple attempts to obtain similar relief from our clients. We deploy our deep experience in employment law to inform our prosecution and defense of unfair competition claims, and regularly advise individuals and companies on the enforceability of confidentiality, non-competition and non-solicitation clauses.
Examples of our recent cases include:
- We obtained a temporary restraining order on behalf of a publicly-traded healthcare company that claimed theft of trade secrets and breaches of restrictive covenants. We also routinely act to enforce the restrictive covenants this client uses to protect its trade secrets and business practices.
- We defeated a preliminary injunction and other claims for relief based on alleged corporate raiding by our client, a small translation company, brought by a large competitor. We also successfully voided the restrictive covenants the competitor used as the basis of its claims.
- We obtained a TRO and preliminary injunction on behalf of a technology company against a former director and company president for theft of trade secrets and breach of a confidentiality agreement following his termination.
- We obtained settlement for a healthcare technology company against a potential acquirer for breach of a non-disclosure agreement.
- We successfully represented a family-owned distributor against a major national brand in connection with unfair competition practices including breaches of the Sherman Act and the parties’ distributor agreement, resulting in brand’s abandonment of its objectionable practices.
- We obtained a favorable settlement of federal antitrust claims for the benefit of a European drug manufacturer against vitamin cartel in a price-fixing class action.