Douglas A. Albritton

Douglas A. Albritton

Doug Albritton has nearly 20 years of commercial litigation and arbitration experience, representing both plaintiffs and defendants in trial and appellate matters throughout the United States. A unique portion of his practice focuses on the prosecution and defense of trade secret and restrictive covenant cases, including employee non-competes, similar covenants with new and former equity-interest holders from the purchase and sale of companies, and related agreements arising from consulting and other business relationships. Doug routinely litigates the emergency TRO and preliminary injunction hearings that come with this work, has tried cases that could not be resolved to verdict, and often works with computer forensic consultants to investigate (and defend against) data-theft claims (including direct and cross-examination experience with such witnesses in court).

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Illinois Restrictive Covenants: July 2016 Update

Heads up, Illinois employers with post-employment restrictive covenants:  three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is sufficient consideration, another demonstrates the strict scrutiny courts can place on employers’ stated legitimate business interests, and a third makes clear that attorneys’ fees need not bear a rational … Continue Reading

Illinois Restrictive Covenants: Special Rules Apply To Non-Compete and Non-Solicit Agreements

All employers doing business in Illinois must be aware of a special rule regarding the enforceability of covenants not to compete, which may apply, depending on where their business is located. In Fifield v. Premier Dealer Servs., 2013 IL App (1st) 120327, the Illinois First District, which covers Cook County (including Chicago), held that an employee must generally remain … Continue Reading

Illinois Restrictive Covenants: The “Gray” Bright Line Regarding Sufficient Consideration

Illinois non-compete law continues to wend a circuitous path through the employment landscape, making it occasionally difficult for employers and employees alike to predict outcomes in these cases.

One issue that has arisen with some frequency concerns the matter of consideration for a restrictive covenant with an employee where the only consideration provided is employment: namely, is mere employment sufficient, … Continue Reading