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Commercial Competition

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Overview

The Commercial Competition Group at Barack Ferrazzano advises some of the world’s largest companies on the implementation and enforceability of commercial covenants implicating competition. We advise clients on such matters in a wide range of industries, including medical technology, manufacturing, real estate, fashion and luxury retail, logistics, and finance. Our attorneys regularly provide our clients with strategic, transactional, and pre-litigation counseling on restrictive covenants, and have mediated, arbitrated, and litigated hundreds of disputes throughout the United States regarding the enforceability of covenants not to compete, non-solicitation covenants, no-hire covenants, confidentiality covenants, and related matters concerning trade secrets, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Robinson-Patman Act of 1936 (15 U.S.C. § 13). 

Representative Experience

Mediware Information Systems, Inc. v. HemaTerra Technologies, LLC

Represented plaintiff healthcare technology company in federal action brought in Middle District of Florida to enforce restrictive covenants against former employees that formed and operated competing enterprise.

Zimmer Deptula, Inc. v. Trident Orthopedics, Inc., et al.

Represented distributor of orthopedic implants and supplies in Florida state court action to enforce restrictive covenants against former employees of the distributor.

Tanguay v. WellSky Corporation

Represented defendant healthcare technology company in a federal action brought in the Southern District of New York involving confidentiality protections and restrictions on use of intellectual property.

Zimmer, Inc., et al. v. Denney and Alphatec Spine Inc.

Represented manufacturer and distributor of orthopedic implants and supplies, specifically in the spinal fixation market segment, in federal court action to enforce restrictive covenants against a former employee and competitor organization.

Zimmer, Inc. v. Davis

Represented manufacturer of orthopedic implants and supplies against former executive in state court action to enforce restrictive covenants.

Susan Giordano, et al. v. Saks Incorporated, et al.

Represent defendant Louis Vuitton in a putative class action brought in the Eastern District of New York. Plaintiffs allege that the defendants entered into impermissible “no-hire agreements” that restrained competition and compensation in the purported market for luxury retail employees.

DF Institute, LLC d/b/a Kaplan Professional v. Dalton Education, LLC and two former DF Institute Employees

Represented plaintiff in federal action brought in the Eastern District of Wisconsin asserting trade secret claims and non-compete violations against competitor and two former employees. Both of the former employees sued had their employment terminated.

Sears v. XPO Logistics and Former Sears Employees

Represented former Sears employees in federal action who were alleged to have violated employment agreements when they joined XPO. Matter settled and all employees who were clients in the matter still work at XPO.

Watchfire Signs LLC v. William Thomas Bogard and Digital Outdoor, LLC d/b/a Lightking Outdoor

Represented defendant in a federal action brough in the Central District of Illinois accused of hiring employees in contravention to their non-compete agreements with plaintiff. Favorably resolved matter with hired employees remaining at company.

Moody v. Total Quality Logistics, LLC

Represented logistics company in a federal action brought in Northern District of Illinois by a former employee to invalidate non-compete agreement.

Hub Group v. XPO Logistics

Represented defendant XPO against former senior executive seeking to invalidate non-compete agreement.

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