Unfair Competition, Restrictive Covenants, and Fiduciary Litigation
Litigation & Dispute Resolution

Unfair Competition, Restrictive Covenants, and Fiduciary Litigation

Unfair Competition
CM Law PLLC’s attorneys represent clients during litigation involving non-competition agreements, franchise disputes, trade secrets, business torts, anti-trust/unfair competition and deceptive trade practices. Our lawyers have experience successfully litigating such claims in courts across the nation, on behalf of both employers and business owners, and in a wide range of industries and professions, including finance, healthcare, insurance, manufacturing, retailing, and law. We also counsel our clients on the implementation of programs to protect intellectual property, including non-competition programs and trade secret protection audits. For example, our attorneys have assisted companies in successfully implementing and enforcing non-competition forfeiture provisions in their equity compensation plans.

Restrictive Covenants
Restrictive covenant disputes are fast-paced, often complex, and can put critical trade secrets or business reputations at risk. Whether considering the acquisition of a company, hiring a new employee, or taking steps to protect confidential information, CM Law has lawyers with the required experience. We have advised clients in a broad spectrum of industries regarding the drafting, negotiation, and enforceability of non-compete, non-solicitation, and other restrictive covenants and our familiarity with the nuances of restrictive covenant law can assist clients at the negotiation table and in the courtroom.

When an employer’s confidential information is threatened, a motion to enforce a non-competition agreement, or otherwise protect proprietary materials can quickly evolve into a bet-the-company matter. Our trial practice attorneys act swiftly and thoroughly to protect our clients’ interests, obtaining many injunctions, restraining orders and fast settlement agreements that prevent employees or former employees from breaching their non-competition and non-solicitation obligations.

Conversely, CM Law’s attorneys are experienced in identifying and defeating attempts by our clients’ business rivals who attempt to gain leverage or market advantage through frivolous demands or threats of litigation over former employees’ restrictive covenants. We are available to help clients analyze restrictive covenants that may apply to employee candidates or newly hired employees, before a costly dispute evolves.

Fiduciary Litigation
We regularly handle cases involving legal rights and duties in closely-held corporations, s-corporations, limited liability companies, partnerships, and other private business entities. Our cases involve breach of fiduciary duties, shareholder rights, inspection of corporate records, buy-outs, squeeze-outs, the intentional devaluation of shareholder and other business interests, shareholder derivative claims, and the breach of fiduciary duties by trustees. Our litigation team works closely with our Business & Corporate attorneys to develop a collaborative strategy for resolving disputes as quickly and efficiently as circumstances will allow.

Cheryl E. Diaz

Cheryl E. Diaz

Partner
Mishell B. Kneeland

Mishell B. Kneeland

Partner & Litigation Practice Chair