Non-Competes, Unfair Competition, and Trade Secrets
This group at Maynard Cooper & Gale litigates, provides counseling and drafts policies and agreements concerning all types of business torts and unfair competition issues including those involving non-compete, non-solicitation and non-disclosure agreements, trade secrets, employee loyalty, and tortious interference. We realize that our clients’ confidential and proprietary information and customer relationships are crucial to their business and must be protected. When our clients’ proprietary information is stolen or compromised, or when someone interferes with our clients’ relationship with their customers, we are experienced in investigating and taking immediate action to protect our clients’ interests.
Our attorneys not only have the substantive knowledge of the law in these areas but also the strategic judgment to enforce or defend against enforcement successfully. Because these laws differ from state to state, we stay up to date on the recent developments in these areas nationwide and are frequent lecturers on this topic to trade groups and clients. We fully appreciate that such litigation is a high stakes matter and are therefore prepared to aggressively protect our clients’ interests. Our attorneys have significant courtroom experience in these areas and have tried these matters in federal and state courts throughout the country.
We also provide counseling and drafting for our clients on the best practices for implementing agreements and policies to protect their assets, information and relationships; for the minimization of risk in the recruitment of employees or groups of employees; and for effective investigations and responses to situations involving theft of confidential and trade secret information.
Our goal is to provide comprehensive coverage for our clients in all these areas.
ExperienceMaynard Cooper & Gale has successful litigated many such matters over the last 15 years across many industries Representative cases include:
- Defeated Preliminary Injunction (“PI”) motion brought by fiberglass composite manufacturer in Circuit Court of Elmore County Circuit Court, Alabama (July 2015)
- Successfully defended enforcement of non-compete agreement by Nebraska-based educational loan lender by filing a declaratory judgment action in Cobb County Superior Court, Atlanta, Georgia (June 2014)
- Obtained Temporary Restraining Order (“TRO”) for healthcare laboratory in U.S. District Court for Southern District of Alabama (December 2013)
- Successfully defeated non-compete enforcement claim in sensor technology industry by filing declaratory judgment action in The Superior Court of Mecklenburg County, NC (April 2013)
- Successfully enforced non-compete agreement against on-air personality in radio industry in U.S. District Court for Northern District of Alabama (March 2013
- Successfully enforced duty of loyalty and trade secrets misappropriation case and obtained significant monetary recovery for insurance brokerage agency in U.S. District Court for Northern District of Florida (February 2013)
- Obtained PI based on non-compete agreement and trade secrets claims for aerospace defense contracting firm against vice president of engineering development and director of weapons development in Circuit Court of Madison County, Alabama (June 2011)
- Defeated PI based on non-compete claims in temporary staffing industry in U.S. District Court Middle District of Georgia (2011)
- Enforced franchise agreement for Mississippi-based home health care agency based on non-competition claims in U.S. District Court for Northern District of Alabama (2011)
- Obtained PI based on claims of tortious interference against competitor in building products industry in Circuit Court of Madison County, Alabama (March 2011)
- Obtained TRO on behalf of international paint manufacturer against wholesaler for breach of non-competition agreement in U.S. District Court for the Northern District of Alabama (2011)
- Obtained Permanent Injunction for health care information systems company against former salesman in District of Tarrant County, Texas (March 2010)
- Obtained dismissal with prejudice of non-compete enforcement action against three salesmen in the hardware industry in Circuit Court of Marengo County, Alabama (April 2010)
- Obtained PI for regional gas distributor against a former salesman in Circuit Court for Jefferson County, Alabama (July 2010)
- Obtained PI against former salesman in cleaning services industry in Circuit Court of Jefferson County, Kentucky (2009)
- Obtained TRO against insurance broker and collected favorable cash settlement on behalf of regional insurance brokerage firm in Circuit Court of Jefferson County, Alabama (October 2008)
- Enforced non-compete and non-solicitation agreement by obtaining TRO and PI against former regional advertising sales representative on behalf of California-based marketing firm in Circuit Court of Jefferson County, Alabama (August 2007)
- Successfully defended enforcement of non-compete agreement by international pipe distributor in Circuit Court of Jefferson County, Alabama (2006)
- Successfully defended theft of trade secrets claim and obtained favorable settlement in Circuit Court of Jefferson County, Alabama (2006)
- Represented distributor of auto parts in theft of trade secrets matter against former employees and their employers, obtaining TRO, injunction and favorable settlement in Circuit Court of Montgomery County, Alabama Circuit (2005)
- Defeated enforcement of non-compete agreement by automobile publication company in Circuit Court of Jefferson County, Alabama (2000)