Trade Secrets and Covenants Not to Compete

Representative Cases

Trade Secrets

• Carpenter Technology v. Robert Drab and Ugine Steel Company – Obtained preliminary injunction restricting our client’s former employee’s ability to work for or share our client’s proprietary data with his new employer, even though employee did not have a covenant not to compete.  Represented Carpenter Technology, the world leader in specialty steel products, in this Pennsylvania state court action against a former employee and his new employer, a direct competitor of Carpenter. While employed by Carpenter, the employee had access to Carpenter’s proprietary formula and methods for making specialty stainless steel alloy products.
• Fortna, Inc. v. Christopher Hamley – Represented Fortna, Inc., the industry leader in designing warehouse management systems, in federal court against a former employee, who had access to Fortna’s proprietary systems, software, and designs. On the day a preliminary injunction hearing was about to begin, the parties reached a confidential settlement agreement that protected Fortna’s trade secrets.
• West Chester Capital Advisors, Inc. v. Marra, et al. – Obtained emergency injunction and contempt orders for an investment advisory firm against its former CEO who violated post-employment non-compete and non-solicitation obligations and misappropriated the firm’s customer information and other trade secrets.
• Depuy Synthes v. Globus Medical, et al. – Represented defendants against claims of employees’ misappropriation of trade secrets, breach of restrictive covenants, and breach of fiduciary duties.
• Supratek, Inc. v. Cephalon, Inc. – Represented Cephalon, Inc. in an intellectual property matter in which plaintiff asserted claims for misappropriation of trade secrets, misappropriation of patent rights and breach of licensing agreements.

Covenants Not to Compete

• SafetyCare Technologies LLC v. Intellicare Network, LLC – Obtained a $1 million jury verdict for a technology firm against former employees and a competitor who violated their fiduciary duties and misappropriated the firm’s customer and pricing information and other trade secrets to unjustly enrich the competitor.
• Living Assistance Services, Inc. v. Thompson – Representing plaintiff franchisor in pending action seeking injunction barring franchisee from operating consulting company in violation of covenant not to compete. Obtained consent order agreeing to relief requested in motion for preliminary injunction. Case settled on favorable terms.
• West Chester Capital Advisors, Inc. v. Marra, et al. – Obtained emergency injunction and contempt orders for an investment advisory firm against its former CEO who violated post-employment non-compete and non-solicitation obligations and misappropriated the firm’s customer information and other trade secrets.
• Depuy Synthes v. Globus Medical, et al. – Represented defendants in against claims of employees’ misappropriation of trade secrets, breach of restrictive covenants, and breach of fiduciary duties.
• HCSG v. Fay and Konopka – Obtained preliminary injunction against executives who violated non-competition covenant by leaving employment to work for competitor; case ultimately dismissed based on final resolution.