Attorney Articles
Relying on Noncompete Clauses May Not Be the Best Defense of Proprietary Data When Employees Depart
July 26, 2024 - The National Law Forum
Wilson Elser advises its business clients on the entire range of commercial contracts and agreements, from commodities export arrangements to motion picture and television talent, production and distribution agreements.
Our clients rely on us for advice regarding event-driven agreements, such as those involving the organization of companies, financing and loans, joint ventures, divestitures and dissolutions. Many seek our counsel when crafting the quotidian operations contracts that drive their business every day, including sales and service contracts, master agreements, consulting contracts, lease arrangements, and licensing and distribution agreements.
Contracts involving employers and their executives must be handled with special sensitivity and attention to detail. On the front end, we help to craft effective initial employment agreements, noncompete clauses, confidentiality protections and ownership of intellectual property created through the work process. On the back end, we represent clients in litigation involving these same matters, helping to achieve client goals by leveraging specific contract clauses and negotiating concessions from their adversaries.
Wilson Elser’s clients appreciate how our firm’s depth in insurance law keeps our practitioners focused on striking a balance between risk and business opportunity, as well as providing specific insights that help them manage risks and liabilities with innovative, cost-effective solutions.
Wilson Elser advises its business clients on the entire range of commercial contracts and agreements, from commodities export arrangements to motion picture and television talent, production and distribution agreements.
Our clients rely on us for advice regarding event-driven agreements, such as those involving the organization of companies, financing and loans, joint ventures, divestitures and dissolutions. Many seek our counsel when crafting the quotidian operations contracts that drive their business every day, including sales and service contracts, master agreements, consulting contracts, lease arrangements, and licensing and distribution agreements.
Contracts involving employers and their executives must be handled with special sensitivity and attention to detail. On the front end, we help to craft effective initial employment agreements, noncompete clauses, confidentiality protections and ownership of intellectual property created through the work process. On the back end, we represent clients in litigation involving these same matters, helping to achieve client goals by leveraging specific contract clauses and negotiating concessions from their adversaries.
Wilson Elser’s clients appreciate how our firm’s depth in insurance law keeps our practitioners focused on striking a balance between risk and business opportunity, as well as providing specific insights that help them manage risks and liabilities with innovative, cost-effective solutions.
Michael Lowry (Partner-Las Vegas) and Kevin Brown (Of Counsel-Las Vegas) won a motion to dismiss in Second Judicial District Court in Reno, having been retained by a local trucking company whose vehicle was involved in a tip-over accident with another commercial truck. Upon filing the suit, Plaintiff completed all required preliminary procedures with one critical exception: the timely opening of discovery. This failure to act, despite reminders from Brown seeking the opening of discovery, resulted in the district court granting a motion to dismiss on behalf of the defendant after finding no extraordinary circumstances to justify the delay.
Michael Lowry and Kevin A. Brown
Edward Garson (Partner-San Francisco), William Cook (Partner-Detroit), and Francis Torrance (Of Counsel-San Francisco) brought to a satisfactory conclusion the hugely contentious case, TransMart, Inc. v. San Francisco Bay Area Rapid Transit System (BART). In the underlying case, defended by Ed Garson, Francis Torrence and other members of the San Francisco team in 2019, TransMart entered into an option contract with BART, giving TransMart the opportunity to lease space in BART’s train stations for retail space. When the deal fell apart and BART rejected TransMart’s effort to exercise the option, TransMart sought $90+ million in damages. The jury unanimously ruled against the plaintiff’s breach of contract action and 9–3 against their breach of covenant of good faith claim. On April 28, 2022, Ed argued the appeal and Bill was the chief author of the appellate briefs. The Court of Appeal of the State of California, First Appellate District wasted no time in agreeing with Ed and Bill in all respects. Another great win for BART, a long-standing client of the firm.
Edward P. Garson and William S. Cook