DawnMertineit
Partner
Trade Secrets, Computer Fraud and Non-Competes
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"My number one priority is helping my clients achieve their goals—whether that includes litigation, or avoiding it entirely."
More About Dawn
For more than a decade, Dawn has represented corporations and their directors and officers in a number of industries in complex commercial litigation, with special emphasis on noncompete and trade secrets litigation. She understands that many clients rely on noncompete and nonsolicitation agreements to protect their most valuable assets, while others face hurdles in recruiting and onboarding new employees bound by such restrictive covenants. Dawn brings her experience and knowledge of state and federal laws to help her clients navigate these issues, from drafting agreements and executing rollout and enforcement strategies, to analyzing competitor agreements and proposing recruitment and onboarding plans, and prosecuting or defending against claims related to breach of restrictive covenants or misappropriation of trade secrets.
Dawn represents clients in trade secret and noncompete matters in a number of jurisdictions. This cross-state knowledge is particularly critical, as states continue to pass new legislation relevant to restrictive covenants and trade secrets. As a frequent contributor to Seyfarth's award-winning Trading Secrets blog, Dawn remains current with new laws and key developments in this space, and provides clients with crucial updates about the laws that affect their businesses.
In addition to her experience litigating and advising clients on restrictive covenants and trade secrets matters, Dawn also litigates and arbitrates partnership, franchise, real estate, and other business disputes, and defends against whistleblower claims for major companies across industries. Dawn provides practical advice and creative solutions, which play a critical role in helping her clients navigate costly and time-consuming litigation with minimal disruption to their businesses. She also helps clients avoid litigation when desired, allowing them to focus on their businesses rather than litigation.
Dawn enjoys working at Seyfarth because it allows her to collaborate with attorneys she describes as "smart, hard-working, and down-to-earth"—and who also provide practical, efficient solutions to complex legal issues. She is also proud to be the Boston co-chair of the Seyfarth Women's Network, as well as a member of the Diversity & Inclusion team.
Dawn represents clients in trade secret and noncompete matters in a number of jurisdictions. This cross-state knowledge is particularly critical, as states continue to pass new legislation relevant to restrictive covenants and trade secrets. As a frequent contributor to Seyfarth's award-winning Trading Secrets blog, Dawn remains current with new laws and key developments in this space, and provides clients with crucial updates about the laws that affect their businesses.
In addition to her experience litigating and advising clients on restrictive covenants and trade secrets matters, Dawn also litigates and arbitrates partnership, franchise, real estate, and other business disputes, and defends against whistleblower claims for major companies across industries. Dawn provides practical advice and creative solutions, which play a critical role in helping her clients navigate costly and time-consuming litigation with minimal disruption to their businesses. She also helps clients avoid litigation when desired, allowing them to focus on their businesses rather than litigation.
Dawn enjoys working at Seyfarth because it allows her to collaborate with attorneys she describes as "smart, hard-working, and down-to-earth"—and who also provide practical, efficient solutions to complex legal issues. She is also proud to be the Boston co-chair of the Seyfarth Women's Network, as well as a member of the Diversity & Inclusion team.
- JD, Boston University School of Law
Cum laude
Honors in the Litigation and Dispute Resolution Concentration
Journal of Science and Technology Law, managing editor
Criminal Clinic student prosecutor - BA, Colby College
Magna cum laude
Distinction in French
- Massachusetts
- US Court of Appeals, First Circuit
- US District Court, District of Massachusetts
- US Bankruptcy Court, District of Massachusetts
- Represented a logistics company in high-stakes, aggressively litigated action against four former senior management employees and their new company for breaches of restrictive covenants and misappropriation of trade secrets under the Defend Trade Secrets Act. Obtained preliminary injunction prohibiting defendants from soliciting customers or employees for two years and counting and using trade secrets or confidential information.
- Represented a major international staffing firm in an action against its former executive and her new employer for violations of the Computer Fraud and Abuse Act, violation of the Florida Deceptive and Unfair Trade Practices Act, breach of fiduciary duty, and conversion. Obtained a preliminary injunction prohibiting the former executive from soliciting the staffing firm’s clients, despite the lack of a non-solicit agreement. Successfully opposed the defendants’ motion to dismiss or in the alternative for summary judgment.
- Counseled various clients, including major retailers, franchisors, software companies, and staffing agencies on enforceability of non-compete agreements and other restrictive covenants, as well as trade secret protection.
- First chaired trial on behalf of real estate investment group against claims for violation of consumer protection statute; obtained directed verdict after close of plaintiffs' case.
- Successfully defended major international bank before OSHA against alleged whistleblower’s claims of retaliatory employment practices in violation of SOX and Dodd-Frank, resulting in dismissal of the alleged whistleblower’s claim. Currently representing bank on appeal before the Department of Labor.
- Represented international convenience store franchisor in federal suit against former franchisee and landlord for breach of contract, unfair trade practices, and conversion related to defendants’ refusal to allow franchisor to remove its property. Obtained injunctive relief prohibiting defendants from operating property during the pendency of the action, and ultimately obtained settlement allowing franchisor to remove its property.
- Successfully represented urine drug testing laboratory in retaliation claim related to False Claims Act litigation.
- Successfully defended medical practice from three simultaneous lawsuits involving allegations of age discrimination, whistleblower retaliation, and shareholder disputes.
- Represented one of America’s largest seafood importers and distributors in suit for breach of contract, fraud, fraudulent inducement, and unfair competition arising out of major bank’s refusal to honor a letter of credit, successfully defeating the bank’s motion to dismiss, resulting in a highly lucrative settlement for the client. Represented same client in international contract dispute, resulting to dismissal of all claims against client.
- Represented one of the world’s largest real estate investment groups in federal suit for declaratory judgment seeking an order that a contract for sewer fees entered into in 1987 with a municipality was an illegal tax as opposed to a permissible fee. Obtained summary judgment and an order that the city repay six years’ of payments to the client, plus interest, totaling more than $1.1 million.
- Represented plaintiff bank in adversary proceeding against condominium trust seeking declaratory judgment on statutory construction issue related bankruptcy proceedings. Successfully defeated the condominium trust’s motion to dismiss, obtained summary judgment on the declaratory judgment count, and defeated the condominium trust’s cross-motion for summary judgment.
Related News & Insights
-
Media Mentions
Dec 11, 2020
Dawn Mertineit quoted in the Triangle Business Journal
-
Media Mentions
Dec 9, 2020
Dawn Mertineit quoted in CPO Magazine
-
Blog Post
Dec 2, 2020
“So” Long, Circuit Split: SCOTUS Hears Oral Argument on Computer Fraud and Abuse Act Case
-
Media Mentions
Dec 1, 2020
Dawn Mertineit quoted in Cybersecurity Dive
Recognitions
- Received the Pro Bono All-Star Award by Seyfarth Shaw LLP (2018)
- Selected as a Top Rated Rising Star in Boston for Civil Litigation by Super Lawyers (Thomson Reuters) (2016-2017)
- Recognized as one of 40 "Boston Rising Stars" by the National Law Journal in collaboration with the Connecticut Law Tribune (2015)
- Greater Boston Chamber of Commerce Future Leaders Program (2014)
- ITechLaw Association, World Technology Law Conference local planning committee, panel curator, 2019
- Boston Bar Association
- American Intellectual Property Law Association (AIPLA)
- Women’s Bar Association
- Co-Author, "The DOJ and FTC Issue Joint Statement on Competition in Labor Markets in Light of COVID-19: What Effect, If Any, Does This Have on Non-Competes?," Legal Update, Seyfarth Shaw LLP (April 27, 2020)
- “It Takes Us All To Tango: Seeking Gender Parity in a Law Firm Environment,” American Bar Association, The Woman Advocate (Spring 2019, Vol. 25, Issue 3)
- "Washington State Governor Signs Law Severely Limiting Non-Competes," Client Alert, Seyfarth Shaw LLP (May 15, 2019)
- “Non-Compete Reform Bill Will Only Create More Confusion, Uncertainty, and Litigation,” Massachusetts Lawyers Weekly (August 13, 2018 Ed.)
- "At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade," Management Alert, Seyfarth Shaw LLP (August 2, 2018)
- Contributor, “Data Security Statutes” Chapter of Data Security and Privacy Law treatise, Thomson Reuters (2017 Edition)
- Lead Author, ”Restrictive Covenants and Protection of Trade Secrets and Other Intellectual Property in Employment Agreements” Chapter of Drafting Employment Documents In Massachusetts treatise (MCLE, 2016 Edition)
- Contributor, “Employee Mobility, Restrictive Covenants and Trade Secrets," Chapter of the ABA Annual Review of Recent Developments in Business and Corporate Litigation (2015 Edition)
- Lead Author, "Restrictive Covenants and Protection of Trade Secrets and Other Intellectual Property in Employment Agreements” Chapter of Drafting Employment Documents In Massachusetts treatise (MCLE, 2015 Edition)
- Contributor, “Data Security Statutes” Chapter of Data Security and Privacy Law treatise, Thomson Reuters (2015 Edition)
- "2014 Trade Secrets Webinar Series Year in Review," Management Alert, Seyfarth Shaw LLP (December 17, 2014)
- Contributor, “Employee Mobility, Restrictive Covenants and Trade Secrets," Chapter of the ABA Annual Review of Recent Developments in Business and Corporate Litigation (2014 Edition)
- Co-Author, "Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements," Client Alert, Seyfarth Shaw LLP (April 18, 2014)
- Co-Author, “Top 10 Whistleblower Decisions of 2012,” Client Alert, Seyfarth Shaw LLP (January 24, 2013)
- Contributor, “Employee Mobility, Restrictive Covenants and Trade Secrets," Chapter of the ABA Annual Review of Recent Developments in Business and Corporate Litigation (2013 Edition)
- Co-Author, “SEC's Rules Implementing Dodd-Frank's Bounty Provisions Provide Whistleblowers with a Dangerous Weapon,” Securities Regulation Law Journal, Volume 39, Number 2 (Summer 2011)
- Co-Presenter, "Protecting Trade Secrets in the Pharmaceutical Industry in the Age of COVID-19," Webinar, Seyfarth Shaw LLP (June 9, 2020)
-
"Non-Compete Agreements - What You Need to Know About the New Law," Boston Bar Employment Law Conference, Boston, MA (October 2018)
- "2018 Massachusetts Non-Compete and Trade Secrets Reform: What Companies with Massachusetts Employees Need to Know," Webinar, Seyfarth Shaw LLP (August 16, 2018)
- "Protecting Trade Secrets in the Social Media Age," Webinar, Seyfarth Shaw LLP (September 28, 2017)
- "Massachusetts Moves to Ban Non-Competes – Dawn Mertineit Explains What Employers Should Do Now," LexBlog (April 28, 2014)
- More Than Words (officer and director 2010-2016; board of advisors 2016-present)
"You have done a remarkable job under ridiculous circumstances."
"We were lucky to have you on our team. You are confident and a calming influence."
"Dawn came up to speed on issues very quickly and drafted some fantastic documents. We ended up settling the claim for around 70% of what was owed, which was an outcome better than what I had expected. Dawn was super responsive and was perfect in guiding me through the entire process."
"Working with you gave me a tremendous amount of confidence. Your 'bedside' manner really made what could have been an incredibly stressful experience bearable."
"My number one priority is helping my clients achieve their goals—whether that includes litigation, or avoiding it entirely."
More About Dawn
For more than a decade, Dawn has represented corporations and their directors and officers in a number of industries in complex commercial litigation, with special emphasis on noncompete and trade secrets litigation. She understands that many clients rely on noncompete and nonsolicitation agreements to protect their most valuable assets, while others face hurdles in recruiting and onboarding new employees bound by such restrictive covenants. Dawn brings her experience and knowledge of state and federal laws to help her clients navigate these issues, from drafting agreements and executing rollout and enforcement strategies, to analyzing competitor agreements and proposing recruitment and onboarding plans, and prosecuting or defending against claims related to breach of restrictive covenants or misappropriation of trade secrets.
Dawn represents clients in trade secret and noncompete matters in a number of jurisdictions. This cross-state knowledge is particularly critical, as states continue to pass new legislation relevant to restrictive covenants and trade secrets. As a frequent contributor to Seyfarth's award-winning Trading Secrets blog, Dawn remains current with new laws and key developments in this space, and provides clients with crucial updates about the laws that affect their businesses.
In addition to her experience litigating and advising clients on restrictive covenants and trade secrets matters, Dawn also litigates and arbitrates partnership, franchise, real estate, and other business disputes, and defends against whistleblower claims for major companies across industries. Dawn provides practical advice and creative solutions, which play a critical role in helping her clients navigate costly and time-consuming litigation with minimal disruption to their businesses. She also helps clients avoid litigation when desired, allowing them to focus on their businesses rather than litigation.
Dawn enjoys working at Seyfarth because it allows her to collaborate with attorneys she describes as "smart, hard-working, and down-to-earth"—and who also provide practical, efficient solutions to complex legal issues. She is also proud to be the Boston co-chair of the Seyfarth Women's Network, as well as a member of the Diversity & Inclusion team.
Dawn represents clients in trade secret and noncompete matters in a number of jurisdictions. This cross-state knowledge is particularly critical, as states continue to pass new legislation relevant to restrictive covenants and trade secrets. As a frequent contributor to Seyfarth's award-winning Trading Secrets blog, Dawn remains current with new laws and key developments in this space, and provides clients with crucial updates about the laws that affect their businesses.
In addition to her experience litigating and advising clients on restrictive covenants and trade secrets matters, Dawn also litigates and arbitrates partnership, franchise, real estate, and other business disputes, and defends against whistleblower claims for major companies across industries. Dawn provides practical advice and creative solutions, which play a critical role in helping her clients navigate costly and time-consuming litigation with minimal disruption to their businesses. She also helps clients avoid litigation when desired, allowing them to focus on their businesses rather than litigation.
Dawn enjoys working at Seyfarth because it allows her to collaborate with attorneys she describes as "smart, hard-working, and down-to-earth"—and who also provide practical, efficient solutions to complex legal issues. She is also proud to be the Boston co-chair of the Seyfarth Women's Network, as well as a member of the Diversity & Inclusion team.
- JD, Boston University School of Law
Cum laude
Honors in the Litigation and Dispute Resolution Concentration
Journal of Science and Technology Law, managing editor
Criminal Clinic student prosecutor - BA, Colby College
Magna cum laude
Distinction in French
- Massachusetts
- US Court of Appeals, First Circuit
- US District Court, District of Massachusetts
- US Bankruptcy Court, District of Massachusetts
- Represented a logistics company in high-stakes, aggressively litigated action against four former senior management employees and their new company for breaches of restrictive covenants and misappropriation of trade secrets under the Defend Trade Secrets Act. Obtained preliminary injunction prohibiting defendants from soliciting customers or employees for two years and counting and using trade secrets or confidential information.
- Represented a major international staffing firm in an action against its former executive and her new employer for violations of the Computer Fraud and Abuse Act, violation of the Florida Deceptive and Unfair Trade Practices Act, breach of fiduciary duty, and conversion. Obtained a preliminary injunction prohibiting the former executive from soliciting the staffing firm’s clients, despite the lack of a non-solicit agreement. Successfully opposed the defendants’ motion to dismiss or in the alternative for summary judgment.
- Counseled various clients, including major retailers, franchisors, software companies, and staffing agencies on enforceability of non-compete agreements and other restrictive covenants, as well as trade secret protection.
- First chaired trial on behalf of real estate investment group against claims for violation of consumer protection statute; obtained directed verdict after close of plaintiffs' case.
- Successfully defended major international bank before OSHA against alleged whistleblower’s claims of retaliatory employment practices in violation of SOX and Dodd-Frank, resulting in dismissal of the alleged whistleblower’s claim. Currently representing bank on appeal before the Department of Labor.
- Represented international convenience store franchisor in federal suit against former franchisee and landlord for breach of contract, unfair trade practices, and conversion related to defendants’ refusal to allow franchisor to remove its property. Obtained injunctive relief prohibiting defendants from operating property during the pendency of the action, and ultimately obtained settlement allowing franchisor to remove its property.
- Successfully represented urine drug testing laboratory in retaliation claim related to False Claims Act litigation.
- Successfully defended medical practice from three simultaneous lawsuits involving allegations of age discrimination, whistleblower retaliation, and shareholder disputes.
- Represented one of America’s largest seafood importers and distributors in suit for breach of contract, fraud, fraudulent inducement, and unfair competition arising out of major bank’s refusal to honor a letter of credit, successfully defeating the bank’s motion to dismiss, resulting in a highly lucrative settlement for the client. Represented same client in international contract dispute, resulting to dismissal of all claims against client.
- Represented one of the world’s largest real estate investment groups in federal suit for declaratory judgment seeking an order that a contract for sewer fees entered into in 1987 with a municipality was an illegal tax as opposed to a permissible fee. Obtained summary judgment and an order that the city repay six years’ of payments to the client, plus interest, totaling more than $1.1 million.
- Represented plaintiff bank in adversary proceeding against condominium trust seeking declaratory judgment on statutory construction issue related bankruptcy proceedings. Successfully defeated the condominium trust’s motion to dismiss, obtained summary judgment on the declaratory judgment count, and defeated the condominium trust’s cross-motion for summary judgment.
Related News & Insights
-
Media Mentions
Dec 11, 2020
Dawn Mertineit quoted in the Triangle Business Journal
-
Media Mentions
Dec 9, 2020
Dawn Mertineit quoted in CPO Magazine
-
Blog Post
Dec 2, 2020
“So” Long, Circuit Split: SCOTUS Hears Oral Argument on Computer Fraud and Abuse Act Case
-
Media Mentions
Dec 1, 2020
Dawn Mertineit quoted in Cybersecurity Dive
Recognitions
- Received the Pro Bono All-Star Award by Seyfarth Shaw LLP (2018)
- Selected as a Top Rated Rising Star in Boston for Civil Litigation by Super Lawyers (Thomson Reuters) (2016-2017)
- Recognized as one of 40 "Boston Rising Stars" by the National Law Journal in collaboration with the Connecticut Law Tribune (2015)
- Greater Boston Chamber of Commerce Future Leaders Program (2014)
- ITechLaw Association, World Technology Law Conference local planning committee, panel curator, 2019
- Boston Bar Association
- American Intellectual Property Law Association (AIPLA)
- Women’s Bar Association
- Co-Author, "The DOJ and FTC Issue Joint Statement on Competition in Labor Markets in Light of COVID-19: What Effect, If Any, Does This Have on Non-Competes?," Legal Update, Seyfarth Shaw LLP (April 27, 2020)
- “It Takes Us All To Tango: Seeking Gender Parity in a Law Firm Environment,” American Bar Association, The Woman Advocate (Spring 2019, Vol. 25, Issue 3)
- "Washington State Governor Signs Law Severely Limiting Non-Competes," Client Alert, Seyfarth Shaw LLP (May 15, 2019)
- “Non-Compete Reform Bill Will Only Create More Confusion, Uncertainty, and Litigation,” Massachusetts Lawyers Weekly (August 13, 2018 Ed.)
- "At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade," Management Alert, Seyfarth Shaw LLP (August 2, 2018)
- Contributor, “Data Security Statutes” Chapter of Data Security and Privacy Law treatise, Thomson Reuters (2017 Edition)
- Lead Author, ”Restrictive Covenants and Protection of Trade Secrets and Other Intellectual Property in Employment Agreements” Chapter of Drafting Employment Documents In Massachusetts treatise (MCLE, 2016 Edition)
- Contributor, “Employee Mobility, Restrictive Covenants and Trade Secrets," Chapter of the ABA Annual Review of Recent Developments in Business and Corporate Litigation (2015 Edition)
- Lead Author, "Restrictive Covenants and Protection of Trade Secrets and Other Intellectual Property in Employment Agreements” Chapter of Drafting Employment Documents In Massachusetts treatise (MCLE, 2015 Edition)
- Contributor, “Data Security Statutes” Chapter of Data Security and Privacy Law treatise, Thomson Reuters (2015 Edition)
- "2014 Trade Secrets Webinar Series Year in Review," Management Alert, Seyfarth Shaw LLP (December 17, 2014)
- Contributor, “Employee Mobility, Restrictive Covenants and Trade Secrets," Chapter of the ABA Annual Review of Recent Developments in Business and Corporate Litigation (2014 Edition)
- Co-Author, "Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements," Client Alert, Seyfarth Shaw LLP (April 18, 2014)
- Co-Author, “Top 10 Whistleblower Decisions of 2012,” Client Alert, Seyfarth Shaw LLP (January 24, 2013)
- Contributor, “Employee Mobility, Restrictive Covenants and Trade Secrets," Chapter of the ABA Annual Review of Recent Developments in Business and Corporate Litigation (2013 Edition)
- Co-Author, “SEC's Rules Implementing Dodd-Frank's Bounty Provisions Provide Whistleblowers with a Dangerous Weapon,” Securities Regulation Law Journal, Volume 39, Number 2 (Summer 2011)
- Co-Presenter, "Protecting Trade Secrets in the Pharmaceutical Industry in the Age of COVID-19," Webinar, Seyfarth Shaw LLP (June 9, 2020)
-
"Non-Compete Agreements - What You Need to Know About the New Law," Boston Bar Employment Law Conference, Boston, MA (October 2018)
- "2018 Massachusetts Non-Compete and Trade Secrets Reform: What Companies with Massachusetts Employees Need to Know," Webinar, Seyfarth Shaw LLP (August 16, 2018)
- "Protecting Trade Secrets in the Social Media Age," Webinar, Seyfarth Shaw LLP (September 28, 2017)
- "Massachusetts Moves to Ban Non-Competes – Dawn Mertineit Explains What Employers Should Do Now," LexBlog (April 28, 2014)
- More Than Words (officer and director 2010-2016; board of advisors 2016-present)
"You have done a remarkable job under ridiculous circumstances."
"We were lucky to have you on our team. You are confident and a calming influence."
"Dawn came up to speed on issues very quickly and drafted some fantastic documents. We ended up settling the claim for around 70% of what was owed, which was an outcome better than what I had expected. Dawn was super responsive and was perfect in guiding me through the entire process."
"Working with you gave me a tremendous amount of confidence. Your 'bedside' manner really made what could have been an incredibly stressful experience bearable."