Marcus L.Mintz
Partner
Trade Secrets, Computer Fraud and Non-Competes
mmintz@seyfarth.com
More About Marcus
Marcus focuses his practice on complex commercial litigation, including cases involving misappropriation of trade secrets and intellectual property, breach of restrictive covenants, post-merger disputes, equity rights, and business tort claims. He has represented a wide range of clients, including medical device manufacturers, software and technology implementation consultants, employee insurance and benefits consultants, clinical research organizations, automotive manufacturers, defense contractors, construction companies, insurance companies, and a variety of private business owners.
Marcus has represented and counseled clients through all phases and forms of litigation, including pre-litigation resolution, alternative dispute resolution, administrative law proceedings, emergency injunctions, jury trials, and appeals.
Marcus is a co-chair within the ABA’s Business Torts & Unfair Competition Committee, frequent contributor of the Seyfarth Trading Secrets blog, and recently presented at the annual AIPLA Trade Secrets Summit.
Marcus has represented and counseled clients through all phases and forms of litigation, including pre-litigation resolution, alternative dispute resolution, administrative law proceedings, emergency injunctions, jury trials, and appeals.
Marcus is a co-chair within the ABA’s Business Torts & Unfair Competition Committee, frequent contributor of the Seyfarth Trading Secrets blog, and recently presented at the annual AIPLA Trade Secrets Summit.
- JD, Washington University in St. Louis
Dean's List
Washington University Journal of Law and Policy, associate editor - BS, University of California, Los Angeles
- Colorado
- Illinois
- US Supreme Court
- US Court of Appeals, Sixth Circuit
- US District Court, Northern District of Illinois
Related Services
Related Key Industries
- Navigant Consulting, Inc. v. Pettersson, et al., 2:18-cv-01154 (W.D. Wa. 2019) (obtained temporary and preliminary injunction on behalf of plaintiff against former employee and competitor for claims arising out of employee’s breach of restrictive covenants)
-
Mazzetta Company, LLC v. Stephen Felsenthal and Fortune International, LLC, 2019 Il App (2d) 10678-U (2019) (Illinois) (obtained dismissal of action at pleading stage, and affirmation on appeal, on claims arising out of the alleged breach of a non-compete agreement by challenging facial over breadth of restrictive covenants as a matter of Illinois law)
-
Jim Beam Brands Co. and Beam Suntory Inc. v. Rudolph Costello, Case No. 1:18-cv-00326 (N.D. Ill. 2018) (represented executive against former employer seeking to enjoin executive from assuming new employment)
- Chem-Plate Industries, Inc. v. Kaeding, 2011 L 6695 (Illinois) (obtained summary judgment for plaintiff on claim of unjust enrichment against ex-employee for failure to repay advances from supplemental employee retirement plan)
- Allstate Ins. Co. v. Tilahun, 12-cv-00045 (E.D. Va. 2012) (obtained emergency injunction against former broker-agent arising out of claims for breach of contract and misappropriation of trade secrets)
- Martinell v. Navistar Int’l Corp., 11-cv-8707 (N.D. Ill. 2012) (obtained dismissal with prejudice of plaintiff’s claims for breach of equity rights agreement)
- International Cartridge Corp. v. Kilgore Flares Company, LLC, et al., No. 1021-2006 CD (Pa. Comm. Pleas 2011) (obtained jury verdict finding in favor of client-defendant on all claims arising out of dispute involving misappropriation of trade secrets and commercial disparagement)
- Equipoise PM LLC v. International Truck & Engine Corp., et al, 1:05 cv 06008 (N.D. Ill. 2008) (obtained jury verdict in favor of client-defendant on all claims arising out of dispute involving termination of dealer-franchise relationship)
- Houghton v. Arlington Park Racecourse, LLC, 07 L 005416 (First District, Illinois) (plaintiff voluntarily dismissed claims against client after filing of motion to dismiss).
Related News & Insights
-
Blog Post
Sep 25, 2024
The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule
-
Blog Post
Aug 21, 2024
Federal Texas Court Sets Aside with “Nationwide Effect” FTC Rule Banning Non-Competes
-
Legal Update
Aug 21, 2024
Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes
-
Blog Post
Aug 20, 2024
BREAKING: Federal Judge Rules FTC’s Non-Compete Ban to be Set Aside Nationwide
- American Bar Association, Litigation Section
- Illinois Bar Association
- Chicago Bar Association
- ABA Restrictive Covenants Subcommittee, Co-Chair
- Co-Author, “Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes,” Legal Update, Seyfarth Shaw LLP (August 21, 2024)
- Co-Author, “FTC Non-Compete Ban: What You Need to Know,” Legal Update, Seyfarth Shaw LLP (April 25, 2024)
- Author, "3 Tips for Working with a Damages Expert in a Trade Secrets Misappropriation Matter," American Bar Association (January 26, 2023)
- Co-Author, "FTC Proposes Rule Banning Use of Non-Competes with Employees and Workers and Limiting Employer Protections Against Unfair Competition," Legal Update, Seyfarth Shaw LLP (January 5, 2023)
- Co-Author, "Protecting Trade Secrets Without Breaking the Bank (or Even Negatively Affecting Profits)," Corporate Compliance Insights (June 2020)
- Co-Author, "Avoid Spinning Your Wheels: Peloton as a Case Study in the Protection of Customer Goodwill," Trading Secrets, Seyfarth Shaw LLP (May 19, 2020)
- Co-Author, "FBI and CISA Issue Joint Warning to Academic Institutions and Research Organizations About Targeting of COVID-19 Research," Trading Secrets, Seyfarth Shaw LLP (May 18, 2020)
- Co-Author, "Navigating and Weathering the COVID-19 Storm with Your Trade Secrets Intact," Intellectual Property & Technology Law Journal (May 13, 2020)
- Co-Author, "Tips for Handling Non-Compete Agreements During Times of High Unemployment," American Bar Association, Practice Points (April 30, 2020)
- Co-Author, "Normalizing the Abnormal—Protecting Trade Secrets in a Post-COVID-19 World," Trading Secrets, Seyfarth Shaw LLP (April 24, 2020)
- Co-Author, "Conducting Trade Secret and Restrictive Covenant Investigations Remotely," Trading Secrets, Seyfarth Shaw LLP (April 20, 2020)
- Co-Author, "Bankruptcy is Not a “Get Out of Jail Free” Card: Enforcing Trade Secret Rights and Restrictive Covenants Against Financially Troubled Wrongdoers," Trading Secrets, Seyfarth Shaw LLP (April 17, 2020)
- Co-Author, "Protecting Trade Secrets Without Breaking the Bank (Or Even Negatively Affecting Profits)," Trading Secrets, Seyfarth Shaw LLP (April 13, 2020)
- Co-Author, "Prior Ruling on What Constitutes a Litigation “Emergency” May Not Be a Unicorn After All," Trading Secrets, Seyfarth Shaw LLP (April 10, 2020)
- Co-Author, "Preparing for Trade Secret and Restrictive Covenant Litigation While the Court Near You is Closed," Trading Secrets, Seyfarth Shaw LLP (April 9, 2020)
- Co-Author, "Emergency Injunction Not in the Cards? Damages May Be Your Winning Hand," Trading Secrets, Seyfarth Shaw LLP (April 3, 2020)
- Co-Author, "What constitutes a litigation ‘emergency’ during a worldwide health crisis?," Thomson Reuters (April 3, 2020)
- Co-Author, "Enforcement of Non-Compete Agreements During Times of High Unemployment," Trading Secrets, Seyfarth Shaw LLP (March 30, 2020)
- Co-Author, "Protecting Trade Secrets During a Pandemic: Think Twice Before Loosening Security Measures in the Name of Convenience and Efficiency," Trading Secrets, Seyfarth Shaw LLP (March 27, 2020)
- Co-Author, "What Constitutes a Litigation “Emergency” During a Worldwide Health Crisis?," Trading Secrets, Seyfarth Shaw LLP (March 26, 2020)
- Co-Author, "Love in the Time of Coronavirus: Protecting Trade Secrets During a Pandemic," Trading Secrets, Seyfarth Shaw LLP (March 5, 2020)
- Co-Author, "Pardon Me, Co-Packaging Partner Accused of Stealing Dijon Mustard Recipes," Trading Secrets, Seyfarth Shaw LLP (March 5, 2020)
- Co-Author, "Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry," Trading Secrets, Seyfarth Shaw LLP (March 25, 2019)
- Co-Author, "New Hampshire Senate Seeks to Ban Non-Competes for Low-Wage Workers," Trading Secrets, Seyfarth Shaw LLP (February 25, 2019)
- Co-Author, “Illinois Employers Should Not Depend on Blue Penciling to Enforce Restrictive Covenants,” Trade Secrets Blog, Seyfarth Shaw LLP (July 31, 2017)
- Co-Author, “Webinar Recap! Protecting Your Trade Secrets in the Pharmaceutical Industry,” Trade Secrets Blog, Seyfarth Shaw LLP (July 31, 2017)
- “Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation,” Trade Secrets Blog, Seyfarth Shaw LLP (December 28, 2016)
- Co-Author, “Webinar Recap: Protecting Confidential Information and Client Relationships in the Financial Services Industry,” Trade Secrets Blog, Seyfarth Shaw LLP (May 5, 2016)
- Co-Author, “Upcoming Webinar: Protecting Confidential Information and Client Relationships in the Financial Services Industry,” Trade Secrets Blog, Seyfarth Shaw LLP (March 14, 2016)
- “Plaintiffs Retain Home Field Advantage in Email Hacking Action But Nebraska Federal Court Dismisses Computer Fraud and Abuse Act Claim,” Trade Secrets Blog, Seyfarth Shaw LLP (November 13, 2012)
- “Virginia Supreme Court Clarifies Obligations Of Employer Seeking To Enforce Non-Compete,” Trade Secrets Blog, Seyfarth Shaw LLP (November 14, 2011)
- “Affidavits Not Enough to Obtain Injunctive Relief in Alleged Raiding Case,” Trade Secrets Blog, Seyfarth Shaw LLP (July 26, 2011)
- Co-Presenter, "2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings," Webinar, Seyfarth Shaw LLP (December 19, 2023)
- Co-Presenter, "What Employers Need to Know Regarding Non-Compete Changes in 2023," Webinar, Seyfarth Shaw LLP (November 29, 2023)
- Presenter, "FTC’s Proposed Rule Banning Non-Competes," presented by Seyfarth Shaw LLP (April 19, 2023)
- Co-Presenter, "Best Practices For Working With Your Damages Expert On Determining Remedies for Trade Secret Misappropriation," 2022 AIPLA Trade Secret Summit, Miami FL (December 8, 2022)
- Co-Presenter, "Weathering the COVID-19 Storm With Your Trade Secrets and Customer Goodwill Intact," Webinar, Seyfarth Shaw LLP (April 23, 2020)
- Co-Presenter, "Protecting Confidential Information and Client Relationships in the Financial Services Industry," Webinar, presented by Seyfarth Shaw LLP (March 20, 2019)
- "Protecting Confidential Information and Client Relationships in the Financial Services Industry," Webinar, presented by Seyfarth Shaw LLP (March 27, 2018)
- "Protecting Your Trade Secrets in the Pharmaceutical Industry," Webinar, presented by Seyfarth Shaw LLP (June 28, 2017)
- "Protecting Confidential Information and Client Relationships in the Financial Services Industry," Webinar, presented by Seyfarth Shaw LLP (April 29, 2016)
More About Marcus
Marcus focuses his practice on complex commercial litigation, including cases involving misappropriation of trade secrets and intellectual property, breach of restrictive covenants, post-merger disputes, equity rights, and business tort claims. He has represented a wide range of clients, including medical device manufacturers, software and technology implementation consultants, employee insurance and benefits consultants, clinical research organizations, automotive manufacturers, defense contractors, construction companies, insurance companies, and a variety of private business owners.
Marcus has represented and counseled clients through all phases and forms of litigation, including pre-litigation resolution, alternative dispute resolution, administrative law proceedings, emergency injunctions, jury trials, and appeals.
Marcus is a co-chair within the ABA’s Business Torts & Unfair Competition Committee, frequent contributor of the Seyfarth Trading Secrets blog, and recently presented at the annual AIPLA Trade Secrets Summit.
Marcus has represented and counseled clients through all phases and forms of litigation, including pre-litigation resolution, alternative dispute resolution, administrative law proceedings, emergency injunctions, jury trials, and appeals.
Marcus is a co-chair within the ABA’s Business Torts & Unfair Competition Committee, frequent contributor of the Seyfarth Trading Secrets blog, and recently presented at the annual AIPLA Trade Secrets Summit.
- JD, Washington University in St. Louis
Dean's List
Washington University Journal of Law and Policy, associate editor - BS, University of California, Los Angeles
- Colorado
- Illinois
- US Supreme Court
- US Court of Appeals, Sixth Circuit
- US District Court, Northern District of Illinois
Related Services
Related Key Industries
- Navigant Consulting, Inc. v. Pettersson, et al., 2:18-cv-01154 (W.D. Wa. 2019) (obtained temporary and preliminary injunction on behalf of plaintiff against former employee and competitor for claims arising out of employee’s breach of restrictive covenants)
-
Mazzetta Company, LLC v. Stephen Felsenthal and Fortune International, LLC, 2019 Il App (2d) 10678-U (2019) (Illinois) (obtained dismissal of action at pleading stage, and affirmation on appeal, on claims arising out of the alleged breach of a non-compete agreement by challenging facial over breadth of restrictive covenants as a matter of Illinois law)
-
Jim Beam Brands Co. and Beam Suntory Inc. v. Rudolph Costello, Case No. 1:18-cv-00326 (N.D. Ill. 2018) (represented executive against former employer seeking to enjoin executive from assuming new employment)
- Chem-Plate Industries, Inc. v. Kaeding, 2011 L 6695 (Illinois) (obtained summary judgment for plaintiff on claim of unjust enrichment against ex-employee for failure to repay advances from supplemental employee retirement plan)
- Allstate Ins. Co. v. Tilahun, 12-cv-00045 (E.D. Va. 2012) (obtained emergency injunction against former broker-agent arising out of claims for breach of contract and misappropriation of trade secrets)
- Martinell v. Navistar Int’l Corp., 11-cv-8707 (N.D. Ill. 2012) (obtained dismissal with prejudice of plaintiff’s claims for breach of equity rights agreement)
- International Cartridge Corp. v. Kilgore Flares Company, LLC, et al., No. 1021-2006 CD (Pa. Comm. Pleas 2011) (obtained jury verdict finding in favor of client-defendant on all claims arising out of dispute involving misappropriation of trade secrets and commercial disparagement)
- Equipoise PM LLC v. International Truck & Engine Corp., et al, 1:05 cv 06008 (N.D. Ill. 2008) (obtained jury verdict in favor of client-defendant on all claims arising out of dispute involving termination of dealer-franchise relationship)
- Houghton v. Arlington Park Racecourse, LLC, 07 L 005416 (First District, Illinois) (plaintiff voluntarily dismissed claims against client after filing of motion to dismiss).
Related News & Insights
-
Blog Post
Sep 25, 2024
The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule
-
Blog Post
Aug 21, 2024
Federal Texas Court Sets Aside with “Nationwide Effect” FTC Rule Banning Non-Competes
-
Legal Update
Aug 21, 2024
Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes
-
Blog Post
Aug 20, 2024
BREAKING: Federal Judge Rules FTC’s Non-Compete Ban to be Set Aside Nationwide
- American Bar Association, Litigation Section
- Illinois Bar Association
- Chicago Bar Association
- ABA Restrictive Covenants Subcommittee, Co-Chair
- Co-Author, “Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes,” Legal Update, Seyfarth Shaw LLP (August 21, 2024)
- Co-Author, “FTC Non-Compete Ban: What You Need to Know,” Legal Update, Seyfarth Shaw LLP (April 25, 2024)
- Author, "3 Tips for Working with a Damages Expert in a Trade Secrets Misappropriation Matter," American Bar Association (January 26, 2023)
- Co-Author, "FTC Proposes Rule Banning Use of Non-Competes with Employees and Workers and Limiting Employer Protections Against Unfair Competition," Legal Update, Seyfarth Shaw LLP (January 5, 2023)
- Co-Author, "Protecting Trade Secrets Without Breaking the Bank (or Even Negatively Affecting Profits)," Corporate Compliance Insights (June 2020)
- Co-Author, "Avoid Spinning Your Wheels: Peloton as a Case Study in the Protection of Customer Goodwill," Trading Secrets, Seyfarth Shaw LLP (May 19, 2020)
- Co-Author, "FBI and CISA Issue Joint Warning to Academic Institutions and Research Organizations About Targeting of COVID-19 Research," Trading Secrets, Seyfarth Shaw LLP (May 18, 2020)
- Co-Author, "Navigating and Weathering the COVID-19 Storm with Your Trade Secrets Intact," Intellectual Property & Technology Law Journal (May 13, 2020)
- Co-Author, "Tips for Handling Non-Compete Agreements During Times of High Unemployment," American Bar Association, Practice Points (April 30, 2020)
- Co-Author, "Normalizing the Abnormal—Protecting Trade Secrets in a Post-COVID-19 World," Trading Secrets, Seyfarth Shaw LLP (April 24, 2020)
- Co-Author, "Conducting Trade Secret and Restrictive Covenant Investigations Remotely," Trading Secrets, Seyfarth Shaw LLP (April 20, 2020)
- Co-Author, "Bankruptcy is Not a “Get Out of Jail Free” Card: Enforcing Trade Secret Rights and Restrictive Covenants Against Financially Troubled Wrongdoers," Trading Secrets, Seyfarth Shaw LLP (April 17, 2020)
- Co-Author, "Protecting Trade Secrets Without Breaking the Bank (Or Even Negatively Affecting Profits)," Trading Secrets, Seyfarth Shaw LLP (April 13, 2020)
- Co-Author, "Prior Ruling on What Constitutes a Litigation “Emergency” May Not Be a Unicorn After All," Trading Secrets, Seyfarth Shaw LLP (April 10, 2020)
- Co-Author, "Preparing for Trade Secret and Restrictive Covenant Litigation While the Court Near You is Closed," Trading Secrets, Seyfarth Shaw LLP (April 9, 2020)
- Co-Author, "Emergency Injunction Not in the Cards? Damages May Be Your Winning Hand," Trading Secrets, Seyfarth Shaw LLP (April 3, 2020)
- Co-Author, "What constitutes a litigation ‘emergency’ during a worldwide health crisis?," Thomson Reuters (April 3, 2020)
- Co-Author, "Enforcement of Non-Compete Agreements During Times of High Unemployment," Trading Secrets, Seyfarth Shaw LLP (March 30, 2020)
- Co-Author, "Protecting Trade Secrets During a Pandemic: Think Twice Before Loosening Security Measures in the Name of Convenience and Efficiency," Trading Secrets, Seyfarth Shaw LLP (March 27, 2020)
- Co-Author, "What Constitutes a Litigation “Emergency” During a Worldwide Health Crisis?," Trading Secrets, Seyfarth Shaw LLP (March 26, 2020)
- Co-Author, "Love in the Time of Coronavirus: Protecting Trade Secrets During a Pandemic," Trading Secrets, Seyfarth Shaw LLP (March 5, 2020)
- Co-Author, "Pardon Me, Co-Packaging Partner Accused of Stealing Dijon Mustard Recipes," Trading Secrets, Seyfarth Shaw LLP (March 5, 2020)
- Co-Author, "Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry," Trading Secrets, Seyfarth Shaw LLP (March 25, 2019)
- Co-Author, "New Hampshire Senate Seeks to Ban Non-Competes for Low-Wage Workers," Trading Secrets, Seyfarth Shaw LLP (February 25, 2019)
- Co-Author, “Illinois Employers Should Not Depend on Blue Penciling to Enforce Restrictive Covenants,” Trade Secrets Blog, Seyfarth Shaw LLP (July 31, 2017)
- Co-Author, “Webinar Recap! Protecting Your Trade Secrets in the Pharmaceutical Industry,” Trade Secrets Blog, Seyfarth Shaw LLP (July 31, 2017)
- “Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation,” Trade Secrets Blog, Seyfarth Shaw LLP (December 28, 2016)
- Co-Author, “Webinar Recap: Protecting Confidential Information and Client Relationships in the Financial Services Industry,” Trade Secrets Blog, Seyfarth Shaw LLP (May 5, 2016)
- Co-Author, “Upcoming Webinar: Protecting Confidential Information and Client Relationships in the Financial Services Industry,” Trade Secrets Blog, Seyfarth Shaw LLP (March 14, 2016)
- “Plaintiffs Retain Home Field Advantage in Email Hacking Action But Nebraska Federal Court Dismisses Computer Fraud and Abuse Act Claim,” Trade Secrets Blog, Seyfarth Shaw LLP (November 13, 2012)
- “Virginia Supreme Court Clarifies Obligations Of Employer Seeking To Enforce Non-Compete,” Trade Secrets Blog, Seyfarth Shaw LLP (November 14, 2011)
- “Affidavits Not Enough to Obtain Injunctive Relief in Alleged Raiding Case,” Trade Secrets Blog, Seyfarth Shaw LLP (July 26, 2011)
- Co-Presenter, "2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings," Webinar, Seyfarth Shaw LLP (December 19, 2023)
- Co-Presenter, "What Employers Need to Know Regarding Non-Compete Changes in 2023," Webinar, Seyfarth Shaw LLP (November 29, 2023)
- Presenter, "FTC’s Proposed Rule Banning Non-Competes," presented by Seyfarth Shaw LLP (April 19, 2023)
- Co-Presenter, "Best Practices For Working With Your Damages Expert On Determining Remedies for Trade Secret Misappropriation," 2022 AIPLA Trade Secret Summit, Miami FL (December 8, 2022)
- Co-Presenter, "Weathering the COVID-19 Storm With Your Trade Secrets and Customer Goodwill Intact," Webinar, Seyfarth Shaw LLP (April 23, 2020)
- Co-Presenter, "Protecting Confidential Information and Client Relationships in the Financial Services Industry," Webinar, presented by Seyfarth Shaw LLP (March 20, 2019)
- "Protecting Confidential Information and Client Relationships in the Financial Services Industry," Webinar, presented by Seyfarth Shaw LLP (March 27, 2018)
- "Protecting Your Trade Secrets in the Pharmaceutical Industry," Webinar, presented by Seyfarth Shaw LLP (June 28, 2017)
- "Protecting Confidential Information and Client Relationships in the Financial Services Industry," Webinar, presented by Seyfarth Shaw LLP (April 29, 2016)