Noncompete Litigation

In an environment of increasing employee mobility and competition for talent, employers need to be vigilant to ensure that effective non-competition, non-solicitation, and confidentiality agreements are in place to protect the company’s most valuable assets.

Breaches from disloyal employees can result in irreparable damages for the company. If closely guarded trade secrets end up in the hands of competitors, the financial ramifications can be devastating and relationships with key customers and vendors could be damaged or severed. The complexity of noncompete litigation is further enhanced as companies face various statutes and common laws across multiple jurisdictions. In this fast-moving, high stakes litigation landscape, Nixon Peabody’s employment litigators have extensive experience aggressively prosecuting claims on our client’s behalf to ensure that the client’s corporate assets are protected. We also zealously defend our clients and individuals seeking to join our clients against such claims.

Responsive, experienced litigators

When confronted with a breach of the terms of a restrictive covenant by an individual, a group of employees in a lift-out situation, or other trade secret theft situation, our employment litigators are able to respond quickly to our client’s needs. We can be on the ground and in a courtroom, if necessary, filing or responding to a temporary restraining order or other injunctive relief within hours. Speed, knowing how to marshal the facts and the law for the particular facts to the case, and experience before a wide array of judges means the difference between success and failure in these cases.

Our experienced employment litigators have been exceptionally successful in obtaining relief to protect our clients who are victims of such unfair competition, and in defending individuals and groups that join our clients. If the case should proceed to trial or hearing, we have experienced employment litigators who have tried noncompete and trade secrets cases to successful verdicts and who have won countless evidentiary hearings on motions for temporary restraining orders and other injunctive relief, saving our clients millions of dollars in damages. Our employment litigators’ depth of experience and proven track record of delivering successful results put our clients in the best position to receive an expeditious resolution in their favor.


In order to prevent potential misuse or misappropriation of our client’s competitive assets, we draw upon our enforcement experience to develop appropriate, enforceable confidentiality and restrictive covenant agreements and contractual provisions that address state-specific and federal issues. By taking a proactive approach, we can prevent the disclosure of confidential information and damage to customer relationships, and protect our clients from unfair competition. In addition, we train employers on best practices in educating their workforces on their trade secret obligations and protocols for protecting their proprietary data and information.


Bloomberg BayState Business | September 26, 2018

Labor & Employment partner Jeff Gilbreth and Complex Commercial Disputes partner Matt McLaughlin, both of the Boston office, joined Bloomberg Radio to discuss the new Massachusetts law restricting the use of noncompete clauses by businesses.

Senate approves limits on ‘noncompete’ clauses

The Boston Globe | July 26, 2018

Boston Complex Commercial Disputes partner Matt McLaughlin is quoted in this article for his view on the “garden leave” provision in the Massachusetts Legislature’s proposed bill restricting noncompete clauses.

Franchising Business & Law Alert

Franchising Business & Law Alert | May 01, 2016

New York City partner Craig Tractenberg authored this column discussing the complexities of covenants not to compete.

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