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Non-Competes and Restrictive Covenants

Prior to forming Whitney Law Group, Mark led the Non-Compete, Trade Secret, and Unfair Competition practice at a large Boston-based law firm. Over the years Mark developed substantial experience in the areas of restrictive covenants, trade secret and intellectual property protection, and unfair competition law. He helps companies protect their valuable IP, confidential information, trade secrets and business relationships. Mark assists clients with prevention and strategic advice, including development and implementation of critical policies, best practices, key agreements (noncompete, nonsolicitation, nondisclosure, inventions and developments, separation, and other employment-related agreements), hiring and other business strategy decisions. Mark has represented companies in court and arbitration proceedings concerning disputes over misappropriation of trade secrets, employee raiding, breaches of restrictive covenants, violations of fiduciary duty/duty of loyalty and related business torts, or other methods of unfair competition.

At his most recent firm before founding WLG, Mark previously authored the New England Non-Compete and Trade Secrets Digest, a blog that covered developments in the law of Restrictive Covenants, Trade Secrets, Unfair Competition, Employee Mobility, and Business Torts in the six New England states. He currently writes about restrictive covenant issues in WLG’s blog. Mark is a member of the Advisory Board of Brooklyn Law School’s Trade Secrets Institute. He is an active member of the Trade Secrets and Interference with Contracts Committee of the ABA’s Section of Intellectual Property Law, and authored the First Circuit Trade Secret Law Update for the ABA IP law section’s annual meeting for several years. Mark previously served for several years as the editor of the Massachusetts chapter of the leading national treatise on noncompetition law. [Covenants Not to Compete: A State By State Survey (BNA 2004)]

WLG can help your company design and implement an effective restrictive covenant program — one that maximizes the chance of enforcement if breached.  WLG has particular experience with start-up companies seeking to shore up their IP protections in advance of funding events, and with companies seeking to implement restrictive covenant programs with existing employees.

When a covenant is breached (or threatened to be breached), WLG has the know-how and experience to investigate the breach promptly, seek an informal resolution, and potentially seek a negotiated resolution with the former employee and their new employer. If none of that works, WLG can guide you through the intensely rapid process of prosecuting an action for a temporary restraining order, preliminary and permanent injunction.


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