Executive Employment Issues
Disputes between employers and employees present unique risks for employers and individuals alike. Employers are often be concerned with the protection of company physical and intellectual property, and seek to minimize any disruption to continuing operations resulting from a key employee's departure or initiation of a lawsuit. Former employees file actions to obtain fair compensation and protection of benefits conferred during the course of the employment (possibly pursuant to an employment contract), but must weigh the risk of litigation against the potential distraction to the pursuit of future business opportunities and the possibility of reputational harm.
We frequently advise and represent employers and employees in connection with employment negotiations, intellectual property matters (including trade secret issues), restrictive covenants (including non-compete agreements), and litigated disputes. We also advise clients concerning claims made with respect to employee benefit plans, including claims brought under ERISA. We assess the client's goals against the relevant risks and advantages of litigating a dispute in various venues, and work with the client to determine the best course of action to meet the client's needs.
We have successfully represented, among others:
• The acquirer of a manufacturing company in a litigation brought by the founder and former CEO of that company who was terminated, allegedly "for cause", shortly before his options vested.
• An international manufacturer of software in defending allegations by former employees of violations of labor laws in the United States and the United Kingdom, and prosecuting copyright infringement claims against the same former employees.
• A mutual fund manager accused of improprieties in the valuation of his investments.
• A former CFO of a software company in connection with enforcing change-of-control
provisions in his employment contract after his company merged merger with another software company.
• Numerous individuals in connection with the negotiation of the terms of their separation from their employers.
