Practices

Litigation

Labor & Employment Litigation

We regularly advise employers and management-level employees on employment termination issues, including prohibitions against competition, protection of confidential information and trade secrets, wrongful discharge, tenure rights, employment discrimination, and harassment. Our litigators represent parties in disputes involving covenants not to compete in Pennsylvania and New Jersey, seeking either to enforce or to prohibit enforcement of such covenants. 

The trade secrets and other employment cases we handle often involve advanced technology. For example, we recently represented one of the world’s leading pediatric hospitals and research institutions and four of its researchers in a high-profile lawsuit that threatened to halt critically important research in the area of pediatric disease. The case involved the alleged misappropriation of trade secrets and breach of noncompete and non-solicitation agreements as well as extensive inquiries into Icelandic law. After a 19-day hearing, the parties reached a confidential settlement.  

We also represent current and former employees in asserting claims to recover employment benefits to which they are entitled, including severance benefits, stock options, compensation and bonuses, and pension and other employee benefit plan distributions. We have expertise in the Employee Retirement Income Security Act of 1974 and regularly represent participants in 401(k) plans in actions to recover losses to their benefits caused by the plan fiduciaries of some of the largest corporations in the United States. For example, we represented former employees of a defunct farm cooperative in a large ERISA action against the former fiduciaries of the cooperative’s 401(k) plan. We also represent classes of 401(k) plan participants in actions brought against employee-fiduciaries of certain major energy and pharmaceuticals companies. 

We often represent companies in arbitration proceedings against current and former employees. For example, we recently represented a large financial services holding company in an arbitration before the Financial Industry Regulatory Authority. The matter concerned a former employee’s ability to work for a competitor and disclose confidential business information and trade secrets in violation of a noncompete agreement. Following a five-day hearing in front of a FINRA panel, we obtained a permanent injunction requiring the former employee to abide by his noncompete agreement and precluding him from competing against our client for a full year.  

In another matter, we successfully represented a Philadelphia import-buying agency in an arbitration proceeding brought by a former vice president of the company who was demanding additional severance and bonus pay. The arbitrator rejected both of the claims and awarded attorney’s fees in favor of our client.

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