Employment and Trade Secret Litigation

Employment

Both employers and employees turn to Sher Tremonte for confidential counseling and courtroom advocacy on employment-related disputes. In this rapidly changing arena, our lawyers manage and defend client reputations through effective negotiation and, when necessary, hard-fought litigation.

The firm advises companies and individuals on the full range of disputes arising from employment and consultant relationships, including controversies over restrictive covenants such as non-competition, non-solicitation, and confidentiality agreements.

Trade Secret Litigation

We have extensive experience litigating trade secret claims as part of civil lawsuits, criminal prosecutions, and internal investigations. These matters arise with increasing frequency in the context of commercial business separations, including partnership breakups, canceled acquisitions, and the departures of executives – battlefields on which we have secured numerous victories.

The firm has represented clients in disputes over a diverse array of proprietary information, from algorithms and software packages to consumer electronics technologies, business models, and customer lists. We draw on a wealth of experience working with experts in niche industries, as well as specialists in the hard sciences, to secure positive outcomes in even the most complex technical matters.

Experience

Achieved a complete victory in a federal jury trial on behalf of a private college sued for employment discrimination.
Prevailed in a jury trial on behalf of a luxury travel agency and its executive sued for theft of trade secrets, breach of a non-competition agreement, and tortious interference.
Represented a stock trader in a trade secret dispute with his former business partners over a high-frequency trading platform. Obtained a preliminary injunction enjoining former partners from disseminating information to third parties, including favorable rulings that our client’s source code and algorithms were protected trade secrets.
Represented a fitness technology entrepreneur in a trade secret dispute with his former employer. Successfully opposed a preliminary injunction that would have prevented the client from bringing a new product to market.
Obtained summary judgment in the U.S. District Court for the Southern District of New York and before the U.S. Court of Appeals for the Second Circuit on appeal on behalf of a cosmetics company and its executive defending against trade secret claims brought by a former business partner.
Advocated before the U.S. Attorney’s Office for the Southern District of New York on behalf of a client accused of stealing securities trading algorithms. Conducted forensic examination of relevant files to convince prosecutors that allegedly stolen information could not support the theft of trade secrets charge.
Defended a health care technology executive against a lawsuit brought by a former employer that included claims that he breached his non-competition agreement, misappropriated trade secrets, violated the federal Defend Trade Secrets Act, and breached his fiduciary duty.
Represented a nationally known plastic surgeon in an employment dispute with an Upper East Side medical practice; achieved a favorable settlement through formal mediation.
Advised an executive departing a fintech startup in connection with potential disputes concerning stock options, bonus, and disclosure obligations.
Represented an international real estate firm in a dispute with an employee concerning breach of a confidential agreement.