Recruitment Litigation Attorneys

Recruitment litigation is a unique legal niche in which our firm represents professionals who are considering leaving a current position or who have already left that position and where the departing employee has a non-compete agreement, a non-solicitation agreement, or some combination of these or other similarly restrictive agreements.  The common thread with respect to departing professionals is that the agreements that are in place, as well as case-law or statutory law, often govern what the departing professionals can or cannot do as they prepare to leave a position and after they do leave.  While the agreements themselves may be fairly straightforward, the litigation that sometimes ensues in the wake of a departure can take any number of unique twists and turns.  This area of the law is quickly changing and the answer for a professional curious about what that professional can or cannot do is often counter-intuitive.  Therefore, the need for experienced legal counsel is imperative and, if a dispute can be avoided, may save the departing professional hundreds of thousands in legal fees and potential damages – sometimes more! 

Often our firm represents professionals in the securities industry, but the need for sound legal advice extends to countless other professionals in the areas of sales, engineering, accounting, or practically any position in which the professional has access to proprietary information, client lists, intellectual property, and where these types of agreements are in place.  Even in the absence of an agreement, employers may have recourse against a departing employee that violates the law when it comes to the use of proprietary information.  In short, it is always more cost effective to receive legal counsel than it is to make a mistake and end up defending against a claim by an employer.

Clinton Marrs has considerable experience in the securities realm and has successfully represented many departing professionals in either avoiding lawsuits and arbitration proceedings or successfully defending professionals when such proceedings are unavoidable.  Quoted in a 2014 Reuters article, as well as this piece on the website RIA Biz, an industry leading online publication for Registered Investment Advisors, Clinton is nationally known as the “go to” attorney for departing securities employees.   This is but a sampling of Clinton Marrs’ successful representation of clients in such proceedings.  Oftentimes, these claims are brought to arbitration before the Financial Industry Regulation Authority (FINRA), but may sometimes spill over into state or federal court actions as well.  In other cases, the preferred result of avoiding a claim all-together is achieved. 

If you are a professional considering departing your position and have any concerns about the effect of your existing agreements with your employer, do not hesitate to contact us for a free initial consultation.