People: Erik W. Weibust, Partner
Erik W. Weibust
Direct: (617) 946-4848
Fax: (617) 946-4801
- J.D., Northeastern University School of Law
B.A., University of Vermont
magna cum laude
- U.S. Court of Appeals for the First, Sixth and Ninth Circuits
- U.S. District Court for the District of Massachusetts
- American Intellectual Property Law Association, Trade Secrets Committee
- American Bar Association
- Boston Bar Association
Select Trade Secrets/Non-Compete Litigation Experience
- Prosecuting claims in multiple jurisdictions on behalf of the largest industrial plumbing supplier in North America against competitor and 8 former senior-level employees for misappropriation of trade secrets, breach of fiduciary duties and restrictive covenant agreements, unfair competition, and conspiracy, among others, arising out of competitor’s raiding of entire Louisville, KY industrial group and poaching of major customers.
- Represented Fortune 500 medical device manufacturer and a top-performing sales representative in an action brought by a competitor for an injunction prohibiting the sales representative from working in a competitive role anywhere in Ohio, southern Michigan, and Northern Kentucky for one year. Negotiated very favorable settlement on the day of the injunction hearing, following statements by the judge about his likely ruling following the hearing.
- Defended 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. Negotiated favorable settlement following dismissal of claims in federal court.
- Prosecuted 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.
- Secured favorable pre-litigation settlement for leading international security company in dispute with former employee and his new employer involving breach of non-compete agreement, misappropriation of trade secrets, unfair competition, and breach of fiduciary duty.
- 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
- Defended and obtained complete defense verdict following five-day arbitration on behalf of the founder and former CEO of an early-stage pharmaceutical company, in a suit brought by the company alleging fraud, breach of fiduciary duty, and breach of contract.
- Defended and obtained favorable settlement for registered broker dealer and top executives in FINRA arbitration brought by former head trader alleging violations of the anti-retaliation provisions of Dodd-Frank.
- Successfully defended registered broker dealer and top executives in SEC investigation of alleged violations of the anti-retaliation provisions of Dodd-Frank. No charges were recommended.
- 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.
- “Enforcing Non-Compete Provisions in Franchise Agreements,” Seyfarth Shaw Webinar (November 2015)
- Moderator, “The Ethics of Data Security and Trade Secret Protection for Lawyers: How Your Law Firm May Fail to Protect Your Data,” American Intellectual Property Law Association Trade Secret Law Summit, Boston, Massachusetts (November 2015)
- “The Ethics of In-House Lawyer and Outside Lawyer Mobility: How Lawyers, Law Firms, and Companies Should Manage the Trade Secret Minefield,” American Intellectual Property Law Association Trade Secret Law Summit, Santa Clara, California (December 2014)
- “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)
- “Lawyer Mobility and Trade Secrets Protection: Restrictive Covenant, Confidentiality, and Non-Disclosure Considerations in the Legal Profession,” American Intellectual Property Law Association Trade Secret Law Summit (December 2014)
- Co-Author, "Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements," Management Alert, Seyfarth Shaw LLP (April 18, 2014)
- Co-Author, "Tips for Ensuring Your Competitors Do Not Steal the Valuable Fruits of Your Research and Development," SeyPharma Alert, Seyfarth Shaw LLP (March 28, 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)
- Outside General Counsel (Pro-Bono), Expect Miracles Foundation -- Financial Services Against Cancer.
- Member, Gerry School Building Committee (Marblehead, Massachusetts)
- Board Member, Salvation Army Greater Boston Advisory Board
- Board Member, Best Buddies Massachusetts State Advisory Board (2006-2012)