Competitive Business Transitions

Clingen Callow & McLean has a vibrant and growing practice dedicated to advising companies and individuals on legal issues pertaining to business competition disputes. Our attorneys are experienced in advising clients on non-competition covenants, statutory and common-law duties pertaining to confidentiality and trade secrets, and duty of loyalty claims. Within these categories of potential risk, our attorneys advise clients on legal rights and liabilities posed by emerging claims or “techno-torts”, related to the federal Computer Fraud and Abuse Act, the Economic Espionage Act, and related state law unfair competition statutes.

Our firm’s practice in this area is devoted to both counseling and litigation. In our counseling role, we have advised both employees and employers in a wide range of sectors, including:

  • Insurance brokers and carriers;
  • Investment representatives;
  • Accounting firms and professionals;
  • High-frequency traders and software engineers;
  • Executive placement executives and staffing firms;
  • Manufacturing;
  • Printing, paper and consumer products;
  • Physicians and medical professionals.

When it comes to advising clients on matters pertaining to business competition threats and potential transitions, the philosophy of Clingen Callow & McLean is simple: We give our clients the most comprehensive advice to avoid unnecessary risk.

For our business clients, our focus is on prevention. We work closely with our clients to identify competitive threats and protect knowledge assets. This strategy includes auditing trade secret and confidentiality protection measures, ensuring that key employees are bound by valid, enforceable and reasonable contracts, and monitoring employment practices with the evolving legal landscape. Our firm has extensive emergency litigation experience and is well prepared to react quickly and aggressively not only to protect companies from competitive threats but also to defend against such claims.

For our executive and individual clients, we counsel clients on education and risk-assessment. We advise our clients on the contours of their common-law, statutory and contractual duties and tailor our advice to each individual’s unique circumstance. On those occasions when we represent individuals in litigation, we understand the need to respond quickly and aggressively, while mindful of the costs and burdens posed by such lawsuits. Ultimately, our objective is to achieve the most practical, sensible business result that enables our clients to move forward with their careers.