Carrington Coleman's non-compete and trade secret litigation practice group has extensive multi-state experience litigating covenants not to compete and claims for unfair competition, tortious interference with contract or prospective advantage, "raiding" of employees, misappropriation of trade secrets, trademark infringement, and similar matters. Carrington Coleman prides itself in staying on the cutting edge of legal issues nationwide regarding the scope and limits of non-compete and trade secret litigation.
Because almost any company in today's economy can find itself on either side of a dispute concerning trade secrets or the obligations of former or prospective employees, the attorneys in this practice group are experienced in and knowledgeable about representing both plaintiffs and defendants in a multitude of professions and industries. We are proud to represent a diverse range of large national and international companies, as well as local and regional companies and individuals, and we have appeared on their behalf in state and federal courts and arbitration proceedings across the country.
In addition to litigation, our services in this area regularly include counseling employers who are hiring employees as well as those who have employees departing, and advising individuals through the process of transitioning from one employer to another. Such advance planning often eliminates the need for litigation or positions our clients as favorably as possible should litigation ensue. We draft non-competition and non-disclosure agreements for our clients and review such agreements to evaluate their enforceability. We also assist our clients in establishing procedures to protect their trade secrets and other intellectual property and proprietary information.
Representative cases and experience:
- Successfully prosecuted unfair competition and trade secret suit involving a group of more than 15 former employees with no contractual restraints, obtaining temporary restraining order and multi-million dollar settlement.
- Following a trial, won a take-nothing judgment for three former employees and their new employer accused of claims for breach of fiduciary duty, misappropriation, and tortious interference with contract.
- Overturned a temporary restraining order and defeated attempt to obtain a temporary injunction against vice president and manager of telecommunications client's research, development, and manufacturing facility who competitor claimed would "inevitably disclose" competitor's trade secrets.
- In expedited NASD arbitration, defeated brokerage firm's attempt to enjoin high-producing broker, who accepted new employment with client brokerage firm, from performing his brokerage services for client and contacting his former clientele.
- Prevailed in a leading Texas Supreme Court case concerning tortious interference and non-compete covenants.
- Defeated high-profile attempt by publicly traded company to enforce noncompetition agreement against its former CEO and his European employer.
- Represented a major international manufacturer of telecommunications equipment in complex multi-party, multi-forum litigation involving allegations of trade secret misappropriation, breach of contract, and fraud; assisted the client to prevail as the plaintiff in a federal court lawsuit and as the claimant in an international arbitration.
- Successfully prosecuted claims against a former corporate executive who removed substantial amounts of company property and data.
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Not certified by the Texas Board of Legal Certification except as noted.