People: Erik W. Weibust, Partner

Photo of Erik W. Weibust, Partner

Erik W. Weibust

Partner

Boston
Direct: (617) 946-4848
Fax: (617) 946-4801
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Mr. Weibust is a partner in the Litigation Department of Seyfarth Shaw LLP. His practice focuses on complex commercial litigation, including the representation of companies and their officers and directors in all aspects of litigation and pre-litigation counseling.  Mr. Weibust regularly represents clients in disputes involving trade secrets and restrictive covenants, shareholder disputes, consumer class actions, and claims of unfair competition, fraud, and commercial disparagement, among other things.  He also counsels clients with respect to the implementation, use, and enforcement of non-compete agreements and other restrictive covenants, and the protection of trade secrets and proprietary information.  Mr. Weibust has successfully obtained and defended preliminary and permanent injunctions in several jurisdictions, and has valuable trial and appellate experience.

Mr. Weibust is a member of several practice groups at Seyfarth Shaw that illustrate his various areas of expertise:  Commercial Litigation, Trade Secrets, Computer Fraud & Non-Competes, Securities & Financial Litigation, Commercial Class Action Defense, and Franchise, Dealer & Distributor Disputes.  He is also an active member of the firm's national, cross-departmental Fraud & Abuse, False Claims and Internal Investigations Team, and he is a regular contributor to the Trade Secrets Blog (www.tradesecretslaw.com).  Mr. Weibust currently serves as co-chair of Seyfarth’s Boston office Pro-Bono Committee, where he coordinates many of the Boston office’s pro-bono and charitable activities.

The New England Super Lawyers publication and Boston Magazine have recognized Mr. Weibust as a “Rising Star” each year from 2008 through the present.

Prior to joining Seyfarth Shaw, Mr. Weibust served as a law clerk to the Honorable Peter W. Hall of the United States Court of Appeals for the Second Circuit.

Mr. Weibust is a partner in the Litigation Department of Seyfarth Shaw LLP. His practice focuses on complex commercial litigation, including the representation of companies and their officers and directors in all aspects of litigation and pre-litigation counseling.  Mr. Weibust regularly represents clients in disputes involving trade secrets and restrictive covenants, shareholder disputes, consumer class actions, and claims of unfair competition, fraud, and commercial disparagement, among other things.  He also counsels clients with respect to the implementation, use, and enforcement of non-compete agreements and other restrictive covenants, and the protection of trade secrets and proprietary information.  Mr. Weibust has successfully obtained and defended preliminary and permanent injunctions in several jurisdictions, and has valuable trial and appellate experience.

Mr. Weibust is a member of several practice groups at Seyfarth Shaw that illustrate his various areas of expertise:  Commercial Litigation, Trade Secrets, Computer Fraud & Non-Competes, Securities & Financial Litigation, Commercial Class Action Defense, and Franchise, Dealer & Distributor Disputes.  He is also an active member of the firm's national, cross-departmental Fraud & Abuse, False Claims and Internal Investigations Team, and he is a regular contributor to the Trade Secrets Blog (www.tradesecretslaw.com).  Mr. Weibust currently serves as co-chair of Seyfarth’s Boston office Pro-Bono Committee, where he coordinates many of the Boston office’s pro-bono and charitable activities.

The New England Super Lawyers publication and Boston Magazine have recognized Mr. Weibust as a “Rising Star” each year from 2008 through the present.

Prior to joining Seyfarth Shaw, Mr. Weibust served as a law clerk to the Honorable Peter W. Hall of the United States Court of Appeals for the Second Circuit.

Education

  • J.D., Northeastern University School of Law
  • B.A., University of Vermont
    magna cum laude

Admissions

  • Massachusetts

Courts

  • U.S. Court of Appeals for the First, Sixth and Ninth Circuits
  • U.S. District Court for the District of Massachusetts

Affiliations

  • American Intellectual Property Law Association, Trade Secrets Committee
  • American Bar Association
  • Boston Bar Association

Representative Engagements

Select Trade Secrets/Non-Compete Litigation Experience

  • Prosecuting claims on behalf of international staffing agency against former senior executive for theft of trade secrets, violations of the Computer Fraud & Abuse Act, and unfair competition.  Obtained broad preliminary injunction barring solicitation of staffing agency’s clients despite absence of non-solicitation agreement.   
  • Defending Fortune 500 staffing agency and 10 of its employees in an action brought by the employee’s former employer, alleging breach of non-compete agreements, interference, and unfair competition. 
  • Successfully defended renewable energy company in investigation by U.S. Department of Justice into alleged theft of trade secrets in violation of federal Economic Espionage Act.  No charges were brought. 
  • Prosecuted separate actions against two former sales representatives of a national lending company and a competitor for violations of the federal Computer Fraud and Abuse Act, misappropriation of trade secrets, and unfair business practices.  Obtained preliminary injunctions preventing the sales representatives from doing business with client's customers despite lack of non-compete or non-solicitation agreements. 
  • Defended and defeated motion for preliminary injunction to prohibit clinical toxicology laboratory from hiring a sales representative from competitor.  Case voluntarily dismissed by competitor after denial of competitor’s motion.
  • Defended and favorably settled claims of breach of non-compete agreement, breach of fiduciary duty, tortious interference, and unfair competition brought by competitor against national financial services firm and two investment advisors concerning decision of investment advisors to leave competitor and join client firm.
  • Prosecuted and favorably settled claim on behalf of national insurance brokerage firm in suit against former owner and director, and competitor firm, for breach of fiduciary duty, misappropriation of trade secrets, breach of non-compete agreement, interference with contract, and unfair competition.
  • Prosecuted and favorably settled claim on behalf of national insurance brokerage firm in suit against former broker for breach of non-compete agreement, tortious interference, misappropriation of trade secrets, unfair competition, and breach of fiduciary duty.
  • Defended and favorably settled claims of breach of contract and conspiracy brought by competitor against biotech company concerning decision of sales representatives to leave competitor and join client company.
  • Obtained voluntary dismissal of national medical device company from lawsuit brought by a competitor concerning decision of sales representatives to leave competitor and join client company.

Select Shareholder, Unfair Competition, Class Action, and Other Complex Commercial Litigation Experience

  • Defending registered broker dealer and top executives in FINRA arbitration brought by former head trader alleging violations of the anti-retaliation provisions of Dodd-Frank.
  • Representing registered broker dealer and top executives in SEC investigation of alleged violations of the anti-retaliation provisions of Dodd-Frank.
  • Representing several national retail chains in consumer class actions regarding the legality of requesting zip code information at point-of-sale.
  • Represented leading clinical toxicology laboratory in multi-state lawsuit against competitor alleging unfair competition and tortious interference arising out of competitor's illegal kickbacks to customers, support of a frivolous qui tam lawsuit, and commercial disparagement.  Obtained summary judgment on competitor’s unfair competition and interference counterclaims and settled favorably on the eve of trial.  
  • Defended and obtained complete defense verdict following seven-day jury trial on behalf of high-end millwork manufacturer and installer, in a suit brought by former president and shareholder of the company for breach of shareholder and employment agreements.  In addition, prosecuted and recovered substantial damages on counterclaims for breach of fiduciary duty and failure to repay loans and cash advances. 
  • Prosecuted multiple successful motions for preliminary injunction in various states on behalf of international retailer against franchisees resulting in immediate eviction of franchisees and surrender of inventory and intellectual property.
  • Secured favorable pre-litigation settlement for private wealth management firm in dispute with former partner.
  • Prosecuted and favorably settled claim on behalf of remanufacturer of automotive parts for breach of contract against wholesale distributor/customer of client.
  • Defended and obtained dismissal of claims for breach of fiduciary duty against national financial services company brought by former brokerage customer. 
  • Prosecuted and favorably settled claim on behalf of national bottled water company arising out of oil spill at bottling plant by oil delivery company.
  • Defended and obtained summary judgment on eve of trial on behalf of national telecommunications company in patent infringement case brought by former employee.

Select Labor & Employment Litigation Experience

  • Represented national telecommunications company during  employee strike.  Obtained injunction from a three-judge panel, following a multi-day evidentiary hearing, barring union from certain strike-related activities, effectively ending the strike.
  • Defended and obtained complete defense verdict following jury trial on behalf of national financial services firm and its CEO and CFO, in a suit brought by former senior vice president of the firm for tortious interference with his employment relationship.  Represented client on appeal, where verdict was upheld. 
  • Defended and obtained summary judgment on behalf of national telecommunications company in discrimination and retaliation suit brought by former employee.  Represented client on appeal, where verdict was upheld.  
  • Obtained dismissal of Wage Act claim against insurance brokerage company and its former CEO brought by former executive of the company. 

Select Anti-SLAPP Experience

  • Obtained dismissal of multi-count complaint against national insurance company and its outside legal counsel, and award of attorneys' fees, under the Massachusetts anti-SLAPP statute.
  • Obtained dismissal of abuse of process claim against client and award of attorneys' fees under the anti-SLAPP statute. 
  • Defeated anti-SLAPP special motion to dismiss restaurant chain's claims for defamation and tortious interference against former employee for statements made by former employee and her attorney to the media in connection with sexual harassment lawsuit against client. 
  • Defeated anti-SLAPP special motion to dismiss restaurant chain's claim for breach of confidentiality provision of earlier settlement agreement against former employees for statements made by former employees in context of subsequent litigation against client by a third party.

Presentations

  • “Protecting Trade Secrets in the Age of Social Media.” Boston Bar Association (April 2014)
  • “Trade Secrets and Non-Compete Legislative Update,” Seyfarth Shaw Webinar (June 2013)
  • “Trade Secrets and Non-Compete Legislative Update,” Seyfarth Shaw Webinar (September 2012)
  • "Key Considerations Regarding Trade Secrets and Non-Competes in Business Transactions," Seyfarth Shaw Webinar (November 2011)
  • “An Altered Landscape for Non-Compete Agreements in Massachusetts?” Seyfarth Shaw Breakfast Briefing (April 2010)

Publications

  • Co-Author, "Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements," Management Alert, Seyfarth Shaw LLP (April 18, 2014)
  • “Tips for Protecting Trade Secrets in the Social Media Age,” Law360 (January 13, 2014)
  • Co-Author, "New Massachusetts eDiscovery Rules," One Minute Memo, Seyfarth Shaw LLP (December 23, 2013)
  • Contributor, "Employee Mobility, Restrictive Covenants, and Trade Secrets" chapter of the ABA Annual Review of Developments in Business and Corporate Litigation (2013 Ed.)
  • “The Dodd-Frank Bounty Provisions And The Foreign Corrupt Practices Act:  A New Frontier,” Financier Worldwide (July 2012)
  • Contributor, "Employee Mobility, Restrictive Covenants, and Trade Secrets" Chapter of the ABA Annual Review of Developments in Business and Corporate Litigation (2012 Ed.)
  • "Steps to Take Before the Whistle Blows," The Corporate Board, Vol. XXXII No. 191 (November/December 2011)
  • “Whistleblower 3.0: Nuts and Bolts of Dodd-Frank's Whistleblower Bounty Provisions," Compliance & Ethics Professional, Vol. 8, No. 4  (August 2011)
  • "Understanding Whistleblower Bounty Rules Is Critical," Massachusetts Lawyers Weekly (August 1, 2011)
  • FYI: Wave Of Whistleblower Claims On The Way," Massachusetts Lawyers Weekly (April 25, 2011);Rhode Island Lawyers Weekly (April 25, 2011);
  • "Employer Rights and Responsibilities: Monitoring Employee Communication in the Workplace," Insights Magazine (Winter 2011)
  • "Technology and Privacy in the Workplace: Monitoring Employee Communications After the Supreme Court's Quon Decision," Boston Bar Journal, Vo. 54, No. 4 (Fall 2010)
  • "Are There Still Avenues for Recovery in United States Courts for Overseas Hedge Fund Losses After Morrison v. National Australia Bank Ltd.?" The Hedge Fund Law Report (July 8, 2010)
  • “Is Your Company’s Internship Program At Risk?” New England In-House (May 2010); Maryland Daily Record (June 30, 2010)
  • "Are There Avenues for Recovery in United States Courts for Overseas Hedge Fund Losses?” The Hedge Fund Law Report, Vol. 2, No. 29 (July 23, 2009)
  • “Anti-SLAPP Statute Shouldn’t Protect Litigation-Related Statements to Media,” Massachusetts Lawyers Weekly (July 20, 2009)
  • “Will Stoneridge Protect ‘Secondary Actors’ in the Current Financial Crisis?” Securities Docket: the Global Securities Litigation and Enforcement Report (Fall 2008)

Community Involvement

  • Outside General Counsel (Pro-Bono), Expect Miracles Foundation -- Financial Services Against Cancer.
  • Board Member, Ray and Joan Kroc Community Center Advisory Board
  • Board Member, Salvation Army Greater Boston Advisory Board
  • Board Member, Best Buddies Massachusetts State Advisory Board (2006-2012)