HNRK’s expertise in restrictive covenant enforcement was illustrated this past month after a large French bank’s firewall security system detected a research analyst’s transmissions of confidential documents that contained trading strategies and market analysis algorithms to his wife’s personal and business email addresses.
The analyst, who worked in the bank’s Park Avenue, New York, office had signed an employment agreement containing comprehensive confidentiality, no-raiding and garden leave/non-compete provisions (the “Employment Agreement”). Within minutes after our retention to enforce those covenants, we assembled a team to quickly work with the client to gather the relevant facts and efficiently draft the complaint and motion papers necessary to obtain fast emergency injunctive relief to prevent the dissemination and destruction of the misappropriated trade secret materials.
Based on the strength of our papers (admittedly, we had good facts), a New York Supreme Court justice, after the briefest of arguments, granted the bank a temporary restraining order and a preliminary injunction ordering, among other things, the preservation of the stolen documents and their return, plus third-party forensic examinations of all of the defendants’ home computers, laptops, iPads and iPhones—an effort coordinated by HNRK.
Last, because the Employment Agreement provided for the reimbursement of the bank’s legal fees, we were successful in negotiating for enhanced protections against further breach of the Employment Agreement as well as the reimbursement of a significant portion of the cost of the bank’s enforcement action.
- The Defend Trade Secrets Act–A Sea Change In The Fight Against The Misappropriation Of Trade Secrets
- New Study Yields Information On Trade Secret Litigation Metrics
- More States Considering Limitations On Non-Competes Through Legislation
- Court Explains Limits Of Restrictive Covenants In Lift Out Of Executive Team
- A “Bet The Company” Trade Secret Case: Waymo LLC V. Uber Technologies, Inc.
- Non-Competes Are Not For Everyone
- Data Misappropriation–Where To Sue
- Jumping Ship And Getting Sued For It: Nike V. Ralph Lauren
- The White House Opines On Non-Competes
- Restrictive Covenant Employment Guide For Employers
- September 2018
- August 2018
- February 2018
- January 2018
- May 2017
- March 2017
- January 2017
- December 2016
- October 2016
- September 2016
- February 2016
- January 2016
- June 2015
- April 2015
- February 2015
- December 2014
- October 2014
- September 2014
- March 2014
- February 2014
- January 2014
- October 2013
- August 2013
- July 2013