ADG Trade Secrets & Competitive Hiring

Overview

With the rapidly changing technology landscape and the shift towards remote work, the protection of trade secrets and confidential information has become increasingly important in the ADG industry.

Whether navigating the risks of carefully and safely recruiting talented executives from competitors, retaining your own talent, or protecting vital trade secrets from escaping with departing employees, Blank Rome’s unmatched Trade Secrets & Competitive Hiring team has helped clients achieve their business objectives and take advantage of new opportunities.

Blank Rome’s trade secrets attorneys offer a comprehensive approach to addressing trade secret and competitive hiring considerations in public procurement, including the protection of contractor proprietary information in the source selection process, addressing employee mobility impacts on government contracts, assessing Procurement Integrity Act and Organizational Conflict of Interest matters, and competition law considerations in the ADG industry.

Our team also provides services for negotiating and litigating non-competes in corporate deals, reviewing and analyzing restrictive covenants of incoming candidates, drafting agreements to protect business relationships and confidential information, and pursuing emergency injunctions to protect against the theft of customer or client information.

How We Can Help

We offer the following comprehensive services to companies seeking to cultivate a competitive advantage, including hiring or acquiring top talent through an acquisition, drafting new agreements to protect business relationships and confidential information, and litigating emergency injunctions to protect companies from the theft of customer or client information.

Protecting Business Interests by Contract

Drafting agreements that align with an ADG company’s business culture, market expectations, and talent strategy, including confidentiality, non-compete, customer non-solicitation, and employee non-solicitation provisions.
Advising on strategies for updating non-compete provisions consistent with applicable laws.
Monitoring legislation regarding non-competes, which state legislatures have recently targeted, and assisting in lobbying efforts where clients are pursuing that strategy.
Drafting bespoke restrictive covenants for employment agreements and any employment or IT policy or procedure that should be adjusted to protect legitimate business interests.

Negotiating and Litigating Non-Competes in Corporate Deals

Providing critical niche advice in drafting and negotiating terms of restrictive covenants in corporate deals.
Handling cutting-edge transactions involving the sale of talent (i.e., employment agreements).
Ensuring protection of post-closing rights through the use of contractual provisions.
Advising on and litigating non-competes entered into in connection with the sale of a business, representing both plaintiffs and defendants.

Hiring from Competitors—Strategy and Planning

Reviewing and analyzing incoming candidates’ restrictive covenants and obligations to the former employer and assessing the risks of proceeding with the hire.
Drafting provisions in offer letters, employment contracts, or hiring protocols to ensure a new employee’s compliance with their post-employment obligations.
Consulting on timing and strategy of new employee resignation.
Advising HR, management teams, and new employees regarding compliance with ongoing obligations.
Supervising trusted third-party digital forensics experts to assist in assessing and resolving any ongoing issues a new employee has with respect to confidential information of the former employer.

Pre-Litigation Negotiation and Resolution

Drafting traditional cease-and-desist letters.
Negotiating understandings regarding job positions, roles, and responsibilities to avoid non-compete disputes.
Handling pre-litigation mediation to determine material facts before parties engage in litigation.

Litigation from Temporary Restraining Order to Trial

Pursuing emergency applications for injunctive relief.
Using jurisdictional strategies to help accomplish business goals.
Conducting expedited discovery efficiently and effectively to exert maximum pressure.

What Sets Us Apart

Ranked nationally by U.S. News & World Report—Best Lawyers® for Labor Law (Management) and Labor and Employment Litigation. Ranked regionally for Employment Litigation in Houston, New York, and Philadelphia.
Recognized as a top labor and employment firm by Chambers USA, whose editors write about Blank Rome:
- “Maintains a strong profile for its handling of complex trade secrets and restrictive covenant disputes. Also offers experience across labor law matters such as contract negotiation and unfair labor practice disputes. Fields notable expertise in public and private sector employee benefits and executive compensation issues.”
- “Interviewees draw attention to the firm’s broad capabilities, noting: ‘They certainly have a plethora of experts, and that's good when you need someone in niche areas.’”
We invest in long-term relationships and create client service teams to ensure the effective and efficient delivery of legal services.
We are focused on preventing legal issues through proactive measures and providing value-added services to our clients, including in-house training programs, CLE programs, legal briefings, and newsletters.

Key Contacts

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Experience

Defended a global client's confidential product information from misappropriation by an employee who shared files with a competitor. Swiftly secured a restraining order, protected the information, and ensured its return.
Represented a client in a high-profile litigation against a competitor’s unlawful market entry scheme. Persisted through three years of discovery obstruction, secured court orders for crucial information, and swiftly reviewed extensive evidence. Achieved a favorable confidential settlement for the client via mediation, marking a significant victory.
Represented a client in a matter involving the violation of a non-compete and non-solicitation agreement by a former employee. The matter was resolved with a permanent injunction restricting the employee from using company information and extending his non-compete restrictions.
Obtained an immediate injunction prohibiting a sales professional from working for a competitor in a former sales territory. Uncovered evidence that the defendant purposefully slowed contract negotiations with a major customer before his resignation. After the defendant violated the injunction, an extended non-compete order was secured.
Obtained a preliminary injunction to prevent a group of employees from working and soliciting customers in violation of their agreements and subsequently obtained contempt sanctions for a breach of the injunction order.
Represented a large insurance brokerage firm in a suit against a former executive who violated a non-disclosure agreement and a non-compete agreement by misappropriating trade secrets and soliciting the former employer’s customers and employees.