
Restrictive Covenants, Intellectual Property, Litigation, Employment Law
Litigation practice including general commercial, employment, trade secrets, and intellectual property litigation.
“How Safe Are Your Business Secrets?” GC New York, July 17, 2006; “Non-Compete Agreements: A New Trend Against Enforcement?,” Securities Week, July 2, 2001 (co-authored); “Restrictive Employment Clauses,” New York Law Journal, February 5, 2001 (co-authored); “Employment Contracts–Issues and Enforcement,” BondWeek, April 17, 2000; “Common Law and Contractual Restraints on Employee Conduct,” (co-authored) -- 1999 Raiding on Wall Street Conference, November 8, 1999; July 1998; “Employers Ask, ‘May I Have Your Attention Please?’” New York Law Journal, February 9, 1998; “Is the Country Ready for the ‘Inevitable Disclosure’ Doctrine,” The Corporate Counsellor, May 1998; “Reality Check: Don’t View Job Contracts Lightly,” Ticker Magazine, July/August 1997; “Stealing Employees Might Be Costly,” New York Law Journal, April 21, 1997; “Anti-Compete Pacts Iffy,” National Law Journal, Corporate Counsel, June 17, 1996
Association of Corporate Counsel: Chairman, "Non-Competition and Other Restrictive Covenants Advanced Study: Garden Leave; Non-Service Agreements; Enforcement Against Fired Employees," November 20, 2007
Association of Corporate Counsel: Chairman, “Employee Raiding- Protecting Your Most Valuable Assets,” March 16, 2006; Chairman, “Protecting Trade Secrets and Confidential Information,” April 27, 2006
Institute for International Research: Chairman, “Raiding on Wall Street,” November 14, 2001
Standard & Poor’s and Securities Week: Chairman, “Raiding on Wall Street,” November 8, 1999; Chairman, “Raiding on Wall Street,” November 9, 1998; Chairman, “Raiding on Wall Street,” November 5, 1997
|
Client
|
Description
|
|
Natsource LLC
|
Commercial. (2009) Defense of breach of fiduciary duty and contract claims over carbon emission credits arising under the Kyoto Protocol.
|
|
GFI Group
|
Employment/Trade Secrets. Successfully prosecuted and defended since 2000 numerous non-compete and trade secrets claims, including successful preliminary injunction in GFI v. Victor Giaidina and Tradition (North America) Inc,. (2007).
|
|
Ferrari SpA
|
Commercial. Successfully defended Ferrari F1 racing team in a spectator class action arising out of the 2005 U.S. Grand Prix in Indianapolis (2007).
|
|
Goldman Sachs & Co.
|
Employment/Trade Secrets. Advice and litigation concerning restrictive covenants, confidentiality agreements and trade secret matters. (1998-Present).
|
|
U.S. Trust Corporation
|
Employment/Unfair Trade Practice. Obtained $3 million jury verdict for plaintiff in U.S. Trust v. Ashton Harvey et al. (2006); Successfully enjoined theft and misuse of trade secrets in U.S. Trust v. Cowperthwait Partners LLC (1999) and conducted jury trial on liability and damages through settlement (2002).
|
|
Central Research Laboratories
|
Commercial. Obtained substantial jury verdict for plaintiff in finders’ fee case Central Research Laboratories v. Dimensional Media Associates (2000).
|
|
United Business Media plc
|
Employment. Obtained dismissal of Attorney General’s race and sex discrimination claims in People of State of New York v. Garban et al. (1999).
|
|
Diners Club Suisse, S.A.
|
Commercial. Successfully prosecuted multimillion dollar franchise contract claim in Diners Club Suisse, S.A. v. Diners Club International, Inc. (1998).
|
|
Garban/ICAP
|
Employment/Trade Secrets. Obtained a $4.6 million employment/unfair trade practice jury verdict for plaintiff in Exco/Noonan v. Cantor Fitzgerald (1996).
|
|
Costco Wholesale Corporation
|
Intellectual Property/Unfair Trade Practice/Commercial. Successfully defeated preliminary injunction applications in Trademark/Unfair Trade Practice claims in Calvin Klein Jeans Wear Company v. Price/Costco (1996); successfully defended $300 million contract claim (2004).
|