David J. Walton, AIGP, CIPP/US

Trade Secrets/Restrictive Covenants

• Won a record $7 million jury award based on a 3-week jury trial, representing the largest ever for a claim under the Pennsylvania Uniform Trade Secrets Act.
• Successfully defended a large real estate company in a 6-week jury trial involving claims based on hiring a manager from a competitor, resulting in a 7-figure attorney fee award against the plaintiff.
• Secured a TRO for a publicly traded insurance company against three former top executives. Resolved case based on entry of a stipulated injunction that contained significant post-employment restrictions against the former executives.
• Worked closely with the Federal Bureau of Investigations and the Department of Justice to secure a 33-month federal prison sentence for a former employee of client after he hacked into the client’s CRM system and used the database while working for a competitor. Sued competitor and secured a 7-figure settlement.
• Won preliminary injunctive relief for Pennsylvania-based client in the wellness industry that faced efforts by MGM Resorts International and Life Time Fitness, Inc. to develop a competing business in Las Vegas. Achieved favorable settlement.
• Successfully represented an international packaging solutions company in a case centering on allegation that the client had hired a senior employee in violation of a non-compete agreement. Received voluntary dismissal of 7-figure lawsuit.

Employment Litigation

• Secured a favorable settlement, including plaintiff’s agreement to resign from employment with client in a highly contentious matter for claims brought under the FMLA and the New Jersey Law Against Discrimination.
• Successfully negotiated resolution to an investigation by the Pennsylvania State Department of Revenue and the Internal Revenue Service centering on alleged misclassification of employees by our client, a large distributor of organic foods.
• Used technology-assisted review to mine a 2-million-page data dump, produced two weeks before depositions began in a high-stakes trade secrets case. Located critical evidence and received 7-figure settlement at deposition.
• Won summary judgment for a large, Fortune 500 client in an ERISA claim involving anti-cutback rules. Saved client more than $50 million in potential liabilities.
• Won summary judgment and defeated plaintiffs' Rule 56(d) motion in a case where two former employees whose employment was terminated as part of a reduction in force brought multiple claims against client under 42 U.S.C. § 1981.
• Won special injunction for large client engaged in manufacturing and distributing of computer networking components. Worked closely with computer forensic experts to determine new employee used evidenceeliminator.com to wipe information from a key computer. Defendants agreed to a favorable settlement for client.