Erik Weibust - Companies of all sizes and in various industries call upon Erik for his practical and thoughtful advice—and his aggressive representation in high-stakes trade secret, noncompete, and commercial litigation.
In a climate of unprecedented employee mobility, information transfer, and competition, companies are frequently concerned with protecting their most valuable and important intangible assets, including trade secrets and customer relationships. Many of the world's leading pharmaceutical, biotech, medical device, technology, financial services, staffing, and insurance companies look to Erik for thoughtful and practical advice concerning how best to protect these assets from misappropriation by former employees, ex-business partners, competitors, and hostile actors in the US and abroad, and to avoid liability when hiring from competitors. When necessary, clients rely on Erik for aggressive representation in litigation, where he has won substantial victories in court and at the negotiating table, including broad-reaching injunctive relief and multimillion-dollar payouts, and defeating claims of trade secret misappropriation, unfair competition, and breach of restrictive covenant agreements.
In addition to his trade secret and restrictive covenant practice, Erik regularly collaborates with attorneys across the firm to represent clients in commercial litigation matters, including franchise, distribution, and real estate disputes, to name a few. Similarly, clients appreciate that, by working with Erik, they can leverage Seyfarth's national platform and full service offering to obtain practical advice in other areas of law in which he does not practice, knowing that Erik will manage the relationship with unparalleled transparency, accountability, responsiveness, and efficiency.
Erik's national litigation practice provides him with a unique and diverse perspective on how courts and arbitrators, in a variety of jurisdictions, analyze relevant issues, keeping him abreast of cutting-edge legal arguments, industry trends, and litigation strategies that he brings to bear in all of his representations. Erik regularly publishes articles and speaks locally and nationally about trade secret and restrictive covenant law, and he has been quoted on these topics in publications such as the Washington Post and Law360.
Erik has substantial case management experience from the early stages of litigation through the appeals process, including investigations, discovery, mediation, and trial and arbitration, as well as litigation avoidance. He manages client expectations and budgets practically and with transparency and accountability, using Seyfarth's broad suite ofcutting-edge technology and project management capabilities.
In 2017, Erik was named co-chair of Seyfarth Shaw's Boston office Litigation department. Prior to joining the firm, Erik served as a law clerk to the Honorable Peter W. Hall of the US Court of Appeals for the Second Circuit.
Noncompetes are under siege, but lawyers have been exempt under Rule 5.6 of the Model Rules of Professional Conduct - a point often raised during legislative activities about noncompetes. But the restriction is not absolute. What does Rule 5.6 really...