Nutter has deep experience representing clients in litigation relating to non-competition, non-disclosure, and non-solicitation agreements, as well as trade secret misappropriation. We know how important it is for companies to preserve and protect confidential and proprietary information and understand the business impact if this information lands in the wrong hands. We also know how important employee mobility is to the growth and success of our clients. Recognizing that these cases have high stakes for our clients, we provide advice on nationwide non-compete strategies, evaluate existing restrictive agreements, enforce restrictions short of litigation, and file complaints seeking injunctive relief and damages. Our work also includes counseling clients on strategies to minimize risk and reduce potential legal exposure.
The non-compete group helps companies protect critical information and valuable assets that are essential to its operations. Working with clients in a wide variety of industries, including medical devices, manufacturing, and insurance, Nutter assists companies facing challenging and complex issues relating to restrictive covenants and trade secrets that can expose key business interests and significantly impact the bottom line.
Kenneth R. Bermankberman@nutter.com
Kenneth R. Berman is a litigation partner and co-chairs the firm’s Business Litigation Practice Group. He is a seasoned litigator representing clients in complex business and commercial cases and intellectual property disputes. Ken’s work in the trade secret and non-competition area includes representing companies in fields as diverse as medical devices, computer software, signal processing, fashion retailing, and gift card manufacturing and distribution. His work in this area includes both obtaining and defeating preliminary injunctions. It also includes securing a significant jury verdict in a major trade secret trial. Read more.
Emily Grannon Foxefox@nutter.com
Emily Grannon Fox is an associate in the Litigation Department. She handles general commercial litigation disputes with a focus on employment matters. Emily’s employment practice includes cases alleging violations of non-competition agreements and employment-related claims arising under Massachusetts and federal law, including Chapter 151B, the Tips Act, the Wage Act, ERISA, and retaliation provisions of SOX, the Dodd-Frank Act, and Title VII, among others. Read more.
David C. Hendersondhenderson@nutter.com
David C. Henderson is a partner in the firm’s Litigation Department, a member (and former co-chair) of its Labor, Employment and Benefits practice group, and a member of its Business Litigation practice group. With more than thirty-five years of legal experience, David focuses on employment law and general business and commercial matters, and he regularly advises on and litigates issues involving non competition, non disclosure, and non solicitation agreements. Read more.
Alison T. Holdwayaholdway@nutter.com
Alison T. Holdway is an associate in the Litigation Department. She represents clients in a variety of white collar, employment, products liability, and commercial litigation matters. She has assisted in advising clients with respect to aspects of non-competition laws in over 30 states, including the enforceability of non-competition agreements generally and the enforceability of certain provisions frequently included in non-competition agreements. She is developing a practice prosecuting and defending against breaches of non-competition agreements. Read more.
Christopher H. Lindstromclindstrom@nutter.com
Christopher H. Lindstrom is a partner in the Litigation Department and a member of the Labor, Employment and Benefits practice group. An experienced litigator, Chris’ practice includes prosecuting and defending against breaches of non-competition and non-disclosure agreements as well as trade secret misappropriation. He represents clients in all facets of enforcing their restrictive covenants, including advising on nationwide non-compete strategies, enforcing restrictions short of litigation, and filing complaints seeking injunctive relief and damages. Read more.
Robin Morse is an associate in the Litigation Department and a member of the Business Litigation and Labor, Employment and Benefits practice groups. She represents clients in complex civil litigation, including contract disputes, business torts, and employment matters. In particular, Robin’s practice includes a concentration in prosecuting and defending against breaches of non-competition, non-solicitation, and confidentiality agreements. Read more.
Liam T. O'Connellloconnell@nutter.com
Liam T. O’Connell is chair of the firm’s Labor, Employment and Benefits practice group and a member of the Executive Committee. He regularly represents clients in the litigation of labor and employment disputes in state and federal courts, administrative agencies, and in mediation and arbitration proceedings. Liam provides clients with extensive labor and employment counsel on a full range of general employee relations issues, including advising clients on matters pertaining to employment contracts and non-competition, non-solicitation and confidentiality agreements, as well as the development of employee manuals and personnel policies. Read more.
David S. Rubindrubin@nutter.com
David S. Rubin is a partner in the Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group. His clients include companies in a broad range of industries, such as power generation, manufacturing, financial services, and non-profit. David represents and advises clients in employment-related litigation as well as employment-related corporate planning and transactions. Read more.
Shagha Tousi Russellsrussell@nutter.com
Shagha Tousi Russell is a partner in the Litigation Department. She is a member of the Product Liability Litigation and the Business Litigation practice groups. Shagha has represented a wide range of clients, from individuals to multi-national medical device companies, in disputes involving restrictive covenants in the employment context. She has extensive experience working on both sides of the table, defending against claims of violations of contractual restrictions and enforcing restrictive covenants. Shagha also defends clients in product liability litigation and investigations by the United States Securities and Exchange Commission. Read more.