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Non-Compete and Trade Secrets

Overview

As the competition for innovative companies and thinkers continues to grow in the Pacific Northwest, Schwabe helps clients protect trade secrets and preserve value.

Creative thinking

Schwabe lawyers work closely with clients to solve problems and protect sensitive information through non-competition, non-solicitation and non-disclosure agreements, and in trade secret matters. We understand that while some situations require an immediate, aggressive response, others can be resolved with creative thinking and long-term business solutions. We make it a point to learn our clients’ businesses and industries in order to find the best approach to every problem.

Strategic partner

Our lawyers are highly skilled at drafting sound agreements and restrictive covenants that protect and increase the value of an employer’s business. In addition, we help employees negotiate agreements that protect their rights and preserve opportunities for future employment. 

Effective enforcement advocates

When litigation is necessary, Schwabe lawyers have the experience to successfully navigate the nuances of this dynamic area of the law before courts and arbitration panels throughout the Pacific Northwest. Wherever possible, we work to resolve disputes directly with opposing parties so that business can move forward. Our strong relationships within the legal community enhance our ability to handle problems quickly and decisively.  

Experience

  • Obtained a preliminary and permanent injunction to uphold and enforce a non-competition agreement, and helped our client recover attorneys fees from a former employee who had already commenced work as the branch manager of a competitor. Brown & Brown, Inc. v. Timothy J. Nielsen, U.S. District Court of Oregon.
  • Successfully upheld and enforced a non-competition agreement in Multnomah County Circuit Court on behalf of an Oregon company whose Washington sales associate emailed trade secret and confidential bidding and pricing information to his home computer, in addition to other trade secret-protected information.
  • Successfully upheld and enforced a non-solicitation agreement on behalf of an Oregon company whose former sales associate began employment with a competing company and solicited the plaintiff’s clients. Obtained a TRO and subsequent resolution that included a two-year injunction. Carson Oil Company v. Snyder, Multnomah County Circuit Court.
  • Obtained a complete defense arbitration award for an employee who left her former firm and complied with her confidentiality and non-solicitation agreement, even though some customers left the former firm on their own and found the client at her new place of employment. Charles Schwab & Co, Inc. v. Kimberly Perriera and Wells Fargo Advisors LLC.
  • Successfully defended an employee accused of sending company information to her home computer and of indirectly soliciting clients. The matter was resolved prior to a preliminary injunction hearing.
  • Successfully defended a business owner in a breach-of-contract case and request for TRO in Multnomah County, defeating the TRO motion.
  • Defeated a motion for a preliminary injunction against an individual accused of breaching his non-competition agreement when he changed employers in the highly competitive insurance brokerage industry in Washington.
  • Obtained a TRO for a company after an employee with a signed non-competition, non-solicitation and non-disclosure agreement left the company, emailed sensitive pricing information to his home email and began working for the company’s major competitor.
  • Stepped in after three key employees left an organization, set up a competing company with a similar name, website and advertising, and solicited employees.
  • Obtained an effective business solution prior to litigation. 
  • Won an arbitration order that two former physicians in a multi-specialty medical group had violated their non-competes, and were required to pay the amounts provided for in a buy-out provision under the noncompete and nonsolicitation agreements, resulting in a recovery for our client in excess of $200,000.
  • Prevailed in an arbitration to enforce a liquidated-damages provision after a breach of a nonsolicitaition/no-hire contract, and successfully enforced the attorney fee provision of the contract.

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