Non-Competition and Trade Secret Litigation

• Numerous lawsuits filed on behalf of insurance carriers, stock brokerage firms, manufacturers, high tech employers and distribution companies to enforce non-competition, non-solicitation and confidentiality agreements.
• Defense of employers and managers in litigation involving trade secrets, non-solicitation agreements and interference claims.
• Litigation of claims under the Federal Computer Fraud and Abuse Act.
• Counseling businesses and management on restrictive covenants regarding non-competition, non-solicitation and confidentiality.

Employment Litigation: Defending Employers

• Representation of employers in defending discrimination, wrongful discharge and related employment claims.
• Numerous cases resulting in summary judgment in favor of the employer or a negotiated settlement favorable to the employer.
• Representation of employers in defending claims filed with or brought by the EEOC or state agencies such as the Oregon Bureau of Labor and Industries (BOLI).
• Litigation of contested case proceedings before state and federal agencies, including BOLI.

Labor Law Litigation

• Commencement of lawsuits seeking damages from labor unions for violation of federal labor law brought on behalf of large employers, including general contractors and project developers, resulting in favorable outcome to the employer either in the form of a judgment or a significant monetary settlement paid by the union to the employer.
• Successfully represented employers in dozens of NLRB hearings, including unfair labor practice charges, jurisdictional dispute hearings, and hearings challenging the outcome of an NLRB election.

Wage and Hour Litigation

• Representation of employers sued for alleged violation of state or federal wage and hour laws, including litigation brought by individuals, classes of individuals, or by the state or federal agencies responsible for wage and hour litigation.

Defense of Trust Fund Collection Lawsuits Filed by Trust Funds on behalf of Health & Welfare Trusts or Pension Trusts

• Litigated and/or settled numerous lawsuits in trust collection cases.

Executive Dispute Litigation

• Representation of employers in lawsuits directed at executives or departing executives who are in violation of their agreements.
• Defense of companies hiring executives where issues are raised of alleged misappropriation of trade secrets and/or violation of non-competition/non-solicitation provisions.  At times, the representation will also be on behalf of the departing executive.

TRO/Injunction Proceedings

• Numerous lawsuits filed on behalf of employers seeking restraining orders and/or injunctions against departing employees.
• Defense of companies and their executives in state and federal court proceedings in which a restraining order or injunction is sought against the company or one of its executives.

Representative Cases

• Obtained judgment against departing employee who violated restrictive covenants.  Peterson Machinery Co. v. Gary Lee Cantrell, U.S. District Court, District of Oregon, Civil No. 1:12-cv-00689-PA
• Represented four investment advisors in noncompetition case who left Wells Fargo to join competing bank.  Wells Fargo Bank, N.A. v. Tinney, et al, U.S. District Court, District of Oregon, Civil No. CV 11-399-JE
• Represented radio broadcasting company in non-solicitation and trade secrets case against competing broadcaster.  Entercom Communication Corp., et al v. Mahalic, et al, U.S. District Court, District of Oregon, Civil No. CV 09-1050-HA
• Obtained judgment for $450,000 against union.  Hoffman Construction Company of Oregon v. Pacific Northwest Regional Council of the United Brotherhood of Carpenters and Joiners of America, et al, U.S. District Court, District of Oregon, Civil No. CV 07-860-JO
• Obtained verdict for damages and attorney’s fees against former employee and competing trucking organization.  Eagle Systems, Inc. v. Diana K. Black and E.T. Schmid Trucking, U.S. District Court for the District of Oregon Case No. CV. 00-669-KI.  2001 WL 34041779; 2003 WL 683860
• Obtained judgment against former insurance agent.  Farmers Insurance Exchange, et al v. Robert W. Fraley, Circuit Court of the State of Oregon for the County of Wasco Case No. 17619, Oregon Court of Appeals No. A34868.  80 Or. App. 117, 720 P.2d 770 (1986)
• Obtained judgment against former insurance agent.  Farmers Insurance Exchange, et al v. Steven D. Chamberlain, Circuit Court of the State of Oregon for the County of Multnomah Case No. A8211-06768, Oregon Court of Appeals No. A31420.  77 Or. App. 245, 712 P.2d 172 (1986)
• Obtained judgment against departing employee who violated restrictive covenants.  The Prudential Insurance Company of America v. Michael S. Jones, U.S. District Court, Western District of Washington, Civil No. C93 478R

• Editor of the Oregon State Bar’s “Advising Oregon Businesses” Volume 5, 2019 Revision
• “Addressing Additional Restrictions on Noncompetition Agreements,” Daily Journal of Commerce, May 22, 2019
• “Oregon Court Provides a Roadmap for Protecting Proprietary Information,” Barran Liebman Electronic Alert, May 23, 2019
• “Washington Rewrites the Law on Enforcement of Non-Competition Agreements,” Barran Liebman Electronic Alert, May 10, 2019
• “Protections Available to Employers When Employees Leave,” Cascade Business News, June 15, 2016
• “Expanded Protections against Trade Secret Theft,” Daily Journal of Commerce, May 27, 2016
• “New Law Creates Federal Civic Cause of Action for Theft of Trade Secrets,” Barran Liebman Electronic Alert, May 12, 2016
• “To Sue or Not to Sue – A Tough Decision,” Daily Journal of Commerce¸ April 21, 2016
• “Changing Requirements for Noncompetition Agreements Entered into After January 1, 2016,” Cascade Business News, July 15, 2015
• “Non-compete Agreement: Voidable non-compete agreements may be enforceable,” HR.com, June 30, 2015
• “What to Do When an Employee Leaves and the Employer Suspects Electronically Stored Data Has Been Taken,” Cascade Business News, January 21, 2015; Republished on OregonBusiness.com
• “Noncompetition, Non-solicitation and Confidential Agreements,” Daily Journal of Commerce, November 28, 2014
• “When Employees Leave with Trade Secrets,” Daily Journal of Commerce, March 28, 2014
• “Restrictive Employment and Confidentiality Agreement,” Cascade Business News, February 20, 2013
• “Company Protection Deals Enforceable,” Daily Journal of Commerce, July 27, 2012
• “Recent Decisions,” Oregon State Bar Civil Rights Newsletter, Co-author, July 2008
• Form 50, “Noncompetition, Nonsolicitation and Nondisclosure Agreement,” for the Oregon State Bar “Advising Oregon Businesses” Forms Volume, 2010 Revision
• Form 50, “Noncompetition, Nonsolicitation and Nondisclosure Agreement” for the Oregon State Bar “Advising Oregon Businesses” Forms Volume, 2003 Revision
• “Trade Secrets, Non-Competes and Confidentiality Agreements: Enforcing Them to Your Advantage” Barran Liebman LLP Good Employer Guides, Author, 2000
• “Noncompetition Agreements in Oregon: Evaluating the Case” for the Oregon Association of Defense Counsel, 2007