Trade Secrets and Unfair Competition


Representative Matters

For more than thirty-five years, Butler Rubin’s Trade Secret and Unfair Competition Practice has counseled clients in a wide variety of industries – including manufacturing, sales, and technology – regarding a range of business practices. We have litigated disputes involving trade secret theft, unfair competition, violations of restrictive covenants, tortious interference with contractual or prospective business opportunities, and trademark or copyright infringement in courtrooms from New Jersey to California and from Illinois to Alabama.  Our evaluation of the strengths and weaknesses of a case and selection of litigation strategy is informed by the fact that our team has represented both plaintiffs and defendants in these types of disputes.  Clients rely on our proven ability to successfully litigate these cases, many of which involve requests for temporary restraining orders or preliminary injunctive relief, in an expedited and efficient manner.

We also recognize that steps taken before disputes arise can often eliminate potential future litigation. Because we actually litigate trade secret and unfair competition cases and do so on behalf of both plaintiffs and defendants, we understand the legal and factual bases upon which these cases are resolved in court.  Accordingly, clients routinely turn to the firm for advice regarding how best to proactively protect their competitive advantages and avoid potential disputes with other business entities.

Services Offered:

  • Litigation of trade secret actions brought pursuant to the Uniform Trade Secrets Act or state analogues, contractual prohibitions against the use or disclosure of confidential information and trade secrets, or common law principles governing trade secret protection.
  • Representing clients involved in unfair competition cases brought under the Lanham Act or state analogues or based upon common law prohibitions against various forms of unfair competition. Among other claims, these cases involve trade disparagement, deceptive trade practices, “palming off” and deceptive advertising.
  • Prosecution and defense of restrictive covenant actions involving non-compete, non-solicitation and non-disclosure clauses. We have litigated cases across the country involving restrictive covenants governed, for example, by the laws of Illinois, Florida, Pennsylvania, New Jersey, Alabama, North Carolina, California, Indiana, and Missouri.
  • Litigation of actions involving tortious interference with contractual rights or tortious interference with prospective business opportunities.
  • Representation of clients in trademark, trade dress, and copyright infringement cases brought under the Lanham Act or state analogues.
  • Assisting clients in establishing internal practices and procedures for the protection of trade secrets.
  • Drafting restrictive covenants and confidentiality agreements based upon the ever changing laws of the particular governing jurisdiction.
  • Counseling individual clients or their new employers regarding appropriate steps to take when someone leaves his or her employment to go to work for a competitor, including advice regarding the enforceability of restrictive covenants, restrictions on the use and disclosure of trade secrets, and how best to avoid litigation.
  • Advising clients regarding compliance with statutory, contractual, and common law prohibitions against unfair business practices while competing aggressively in their market.