Brandon H. Elledge practices in the area of litigation and employment counseling. He regularly appears before state and federal courts on employment-related and other commercial matters. Mr. Elledge's litigation practice includes the representation of companies seeking to enforce restrictive covenants and pursue claims against employees and parties who have committed wrongful acts against them, such as trade secret misappropriation, computer crimes, fraud, conspiracy, and breach of fiduciary duty. Mr. Elledge also represents companies in the defense of such business tort and other intellectual property claims and in the defense of alleged violations of non-compete, non-solicitation, and non-disclosure agreements. Mr. Elledge counsels and defends companies in connection with employee terminations, EEOC charges, alleged Title VII and FLSA violations, and various claims associated with the termination and hiring of employees. Based on this experience, Mr. Elledge assists and advises companies on a variety of employment and potential litigation matters, including the enforceability of covenants not to compete and other restrictive covenants, the exempt status of and overtime obligations companies may have to employees, and the investigation of EEOC charges and alleged Title VII violations.
Recent representative matters include:
- obtaining summary judgment for defendant client on plaintiff's Title VII claims of racial, religious and national origin discrimination, harassment, and retaliation (following dismissal at pleading stage of plaintiff's defamation and emotional distress claims)
- jury trial involving client sued for over $36 million and defense of client against plaintiff's claims of civil conspiracy, and copyright and trademark infringement
- obtaining summary judgment for defendant client on plaintiff's claims of trade secret misappropriation, tortious interference and statutory business conspiracy
- negotiating executive employment agreements on behalf of companies in acquisition transactions
- obtaining dismissal of former consultant's copyright infringement, computer crimes act, and tortious interference claims
- obtaining jury verdict (including punitive damages and fee award) in excess of $1 million for client based on defendants' misappropriation of trade secrets, computer crimes act violations, breach of fiduciary duty, and conspiracy
- jury trial involving client sued for over $400 million and defense of client against plaintiff's claims of tortious interference with business expectancy, breach of non-disclosure agreement, trade secret misappropriation, and conspiracy
- obtaining defense verdict for client in jury trial involving former employees' alleged "partial day docking" claim in violation of the FLSA
- obtaining preliminary injunction against former employees of technology firm, which prohibited former employees from using the firm's proprietary information as means to compete against the firm or solicit the firm's clients
- obtaining summary judgment for technology firm on its $3 million plus breach of contract claim
- obtaining judgment against seller at bench trial on behalf of purchaser client who sought specific performance of a real estate contract and award of attorneys' fees
- obtaining permanent injunction against former employee of client due to employee's violations of non-disparagement provision in contract
- obtaining dismissal of former employee's claims of defamation, tortious interference, negligent hiring, intentional infliction of emotional distress, and punitive damages
- investigating and responding to former employee's charges of racial and sexual discrimination against client
- litigating claims against former employees of contract labor company based on covenant not to compete, breach of fiduciary duty, and conspiracy
- enjoining group of former employees of technology firm from operating competing entity formed during employment and from misappropriating trade secrets and other company property
- defending government contractor against claims of trade secret misappropriation and tortious interference associated with hiring employees from another government contracting firm
- prevailing at bench trial against former employee of firm who had embezzled funds from firm and claimed wrongful termination
- advising technology and construction firms on enforceability of covenant not to compete and non-solicitation and non-disclosure agreements for its current and prospective employees
- advising technology firm on proper exempt classifications of employees under FLSA and revisions to company handbook
- representing medical provider in office-sharing contract dispute with another provider
- challenging arbitration award entered against energy company