Restrictive Covenants and Trade Secrets
A significant portion of Gary's practice involves drafting, prosecuting and defending restrictive covenants, trade secrets, unfair competition and employee raiding claims, including covenants not to compete, non-solicitation agreements, tortious interference, conspiracy and breaches of the duty of loyalty under federal and state law. Collaborating extensively with in-house counsel and senior management, Gary has obtained and defeated numerous motions for temporary restraining orders, and preliminary and permanent injunctions. His representation in federal and state courts around the country has led to clients recovering tens of millions of dollars in damages caused by former employees.
- Served as lead counsel to a reinsurance broker and secured a temporary injunction after a raid by a competitor.
- Served as lead counsel to an insurance broker and secured a temporary restraining order and preliminary injunction preventing an executive officer from working for a competitor during a "garden leave" period.
- Served as lead counsel to an insurance broker and obtained an order to show cause with temporary and preliminary restraints enjoining a producer from violating her two-year restrictive covenants set forth in her employment agreement.
- Defended an insurance company in federal court in an action brought by a competitor alleging misappropriation of trade secrets.
- Served as lead counsel in multiple actions involving competitor raids and breaches of fiduciary duty, resulting in financial settlements for the firm's clients.
- Represented a company in an employment contract dispute against the former CEO, defeating summary judgment for the employee and obtaining summary judgment for the employer as the non-moving party.
Gary's experience as a counselor and advocate for clients includes handling employment discrimination, workplace harassment, disability and leave, occupational safety and health, wrongful discharge and wage and hour cases. He has represented clients as lead counsel before administrative agencies, arbitration tribunals and state and federal courts throughout the United States.
- Represented a publicly traded company and several of its senior executives in an ADA and FMLA case that was tried to a jury in federal court in New York. The complete defense verdict was then affirmed by the Court of Appeals for the Second Circuit.
- Obtained summary judgment in a breach of contract claim brought by a former employee in arbitration.
- Served as lead counsel to a government contractor in securing dismissal of a religious discrimination and retaliation case filed in federal court.
- Served as co-lead counsel in defending a federal and state law wage and hour collective and class action brought against a telecommunications company.
- Served as lead counsel to a health care provider in resolving claims for racial harassment.
- Represented numerous clients in litigating and resolving workplace safety complaints at the administrative level.