John P. Barry | Proskauer Rose LLP

John P. Barry

John P. Barry is a partner in the Labor & Employment Law Department of Proskauer Rose and is the co-head of the firm's Non-Compete & Trade Secrets Group.

John is an experienced trial lawyer who has appeared in courts across the U.S. He is sought out by clients to litigate and/or provide counsel for their most sensitive, sophisticated and important restrictive covenant, trade secret and employment matters. He is able to quickly dissect the issues and recognize the pressure points of how a case will unfold before a judge, jury, or administrative agency. He regularly "jumps in" to assist clients with emergent situations involving an executive's departure, a mass exodus (or raid) or the planned hire of an employee or team of employees from a competitor.

Clients call on John for his knowledge and experience in many contexts, including restrictive covenants in incentive compensation programs, acquisitions, investments and agreements between business partners, vendors and customers. Restrictive covenant matters he handles include:

  • Non-competition
  • Customer non-solicitation
  • Employee non-solicitation
  • Non-Disclosure Agreements
  • Confidentiality
  • Judicial modification (blue-penciling) of agreements
  • Clawback and other remedial provisions
  • Invention assignment provisions
  • International enforcement issues
  • Multi-jurisdictional litigation
  • Incentive compensation arrangements

John also litigates employment matters in court, as well as before administrative agencies, such as FINRA, EEOC, DOL and Department of Education – Office of Civil Rights. These matters typically involve contractual (breach of contract, unjust enrichment, quantum meruit, promissory estoppel), discrimination, retaliation and/or whistleblower claims. John has counseled clients on employment law issues in all 50 states.

John's clients extend across several key industries, including:

  • Pharmaceutical/Medical Device
  • Financial services, private equity, hedge fund, alternative asset management funds
  • Retail
  • Higher education
  • Technology

Most recently, John was a recipient of the 2016 Lexology Client Choice Award in the Employment & Benefits category, an accolade that recognizes law firms and partners around the world who stand apart for the excellent client care they provide and the quality of their service.

Also a noted author and speaker on employment-related topics, John has been quoted by The National Law Journal, among other publications, regarding employment law, privacy in the workplace and restrictive covenants. He was honored with a 2013 Burton Award for Distinguished Legal Writing for the article, "Can An Employee Steal Social Media Influence?" which appeared in Corporate Counsel in March 2012.

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