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Trade Secrets

Prior to forming Whitney Law Group, Mark led the Noncompete, Trade Secret, and Unfair Competition practice at a large Boston-based law firm. A significant part of Mark’s practice involves helping companies protect their valuable trade secrets and business relationships.

Mark assists clients with prevention and strategic advice, including development and implementation of critical company policies, best practices, key agreements (noncompete, nonsolicitation, nondisclosure, inventions and developments, separation, and other employment-related agreements), hiring and other business strategy decisions. Mark regularly represents 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.

Mark is a member of the Advisory Board of Brooklyn Law School’s Trade Secrets Institute. He is an active member of the Trade Secret and Interference with Contracts Committee of the ABA’s Section of Intellectual Property Law, and authors the First Circuit Trade Secret Law Update for the ABA IP law section’s annual meeting. 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)]

Over the years, Mark has handled a wide variety of matters involving trade secret misappropriation under then-existing state statutes and related common law claims. WLG has an established network of computer forensic consultants with whom Mark has worked, to enable a rapid assessment of potential misappropriation.  With the recent passage of the federal Defend Trade Secrets Act of 2016, Congress has federalized much of trade secret law and provided powerful new tools to companies to protect and recover their stolen trade secrets. Let WLG apply its experience in this area to your trade secret issue.  We will work closely to evaluate your case, and if necessary, race to the courthouse to seek immediate injunctive relief to hopefully stop the damage before it happens.


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