Brian E. Spang

Lead counsel for multinational insurance broking company that hired a twenty-five-employee group from a competitor, defending claims for raiding, breaches of restrictive covenants, trade secret misappropriation, and unfair competition. Defeated motion for a TRO after briefing and oral argument, and then successfully moved to dismiss seven of the eight claims asserted.

Lead counsel for health industry e-learning company defending claim that a new employee stole trade secrets by downloading information onto a USB device. Defeated a motion for a preliminary injunction after a multi-day evidentiary hearing focused on expert forensic computer testimony, which led to a favorable settlement.

Lead counsel for 3D printing company defending claims for tortious interference with a restrictive covenant and inevitable disclosure of trade secrets. Defeated a motion for preliminary injunction after a multi-day evidentiary hearing, which led to a favorable settlement.

Co-lead counsel for national facility maintenance and managed services company and its new employee defending claims for breach of restrictive covenants, tortious interference, trade secret misappropriation, and violations of the Computer Fraud and Abuse Act. Won summary judgment on all claims and recovered costs.

Lead counsel for a multinational insurance company prosecuting lawsuit against former employee for breach of restrictive covenant. Obtained a TRO enjoining the former employee from soliciting clients and using confidential information, which led to a favorable settlement.

Lead counsel for global food corporation prosecuting lawsuit against former employee for breach of confidentiality provision. Obtained a TRO enjoining the former employee from soliciting clients and using confidential information.

Lead counsel for global talent acquisition and advisory firm prosecuting lawsuit against former employees who solicited clients in violation of restrictive covenants and their new employer. Defeated a motion to dismiss, negotiated a very favorable settlement, and recovered all costs.

Lead counsel for national and international professional information and software solutions firm prosecuting lawsuit against a “bad leaver”—a former employee who lied about retiring when he actually joined a competitor in violation of his non-compete restriction. After taking discovery from the new employer, including deposing the new employer's CEO, the case settled on very favorable terms.

Represented a Fortune 100 financial services company prosecuting arbitration against competitor and former employees alleging trade secret misappropriation, breach of restrictive covenants, and employee raiding. After four weeks of hearing testimony, a FINRA arbitration panel awarded $20 million in combined damages and punitive damages.

Lead counsel for Fortune 50 national bank defending putative class action alleging that the bank violated New York State law by refusing to hire applicants based on their criminal history. Won Rule 12(b)(6) motion after oral argument, and before class certification, by demonstrating that Section 19 of the Federal Deposit Insurance Act authorized the bank’s actions and preempted New York State law.

Co-lead counsel for Fortune 50 national bank defending putative FLSA collective action. Defeated first-stage motion for FLSA conditional certification.

Co-lead counsel for telecommunications company defending state wage law claim that overtime-exempt status had been forfeited for several thousand employees. Wrote appellate brief to successfully defend the company’s trial victory.

Lead counsel for Fortune 50 financial services company defending age discrimination claims asserted by former in-house counsel. Won summary judgment on all claims and affirmance on appeal.

Co-lead counsel for Fortune 500 national staffing company defending Title VII race discrimination and FLSA retaliation claims. Won summary judgment on all claims and affirmance on appeal.

Lead counsel for international manufacturing company against an FMLA termination claim. Won summary judgment after oral argument and obtained costs against the plaintiff.

Lead counsel for Fortune 50 financial services company defending two separate cases alleging sexual harassment. Won summary judgment in both by successfully developing and proving the Faragher/Ellerth defense.