Paul Coughenour, Brian Shekell, Jeff Bell, Steve Holmes, and Pamela Bright recently obtained an ex parte temporary restraining order and preliminary injunction prohibiting two former employees of Clark Hill’s client from violating the restrictive covenants contained in their employment agreements and utilizing our client’s confidential information. To obtain the seldom granted ex parte temporary restraining order, Paul and Brian obtained affidavits from several of our client’s employees stating that the former employees had boasted about stealing our client’s customer lists, leads, and employees to use in a competing insurance agency they were forming. During the hearing on Plaintiff’s motion for preliminary injunction, Paul and Brian established that before and after the former employees resigned, they accessed our client’s computer database and stole confidential information that was being used to compete against our client. After hearing testimony from eight witnesses, the judge granted all of the relief requested in Clark Hill’s motion for a preliminary injunction, stating that this was a “clear case” of the defendants breaching the terms of the restrictive covenants contained in their employment agreements.
Brian D. ShekellBrian Shekell Clark Hill
Brian D. Shekell
Brian D. Shekell is a Member with the Labor and Employment group in Clark Hill’s Detroit office, where he focuses his practice on labor law, employment litigation, and complex class action lawsuits involving wage and hour claims and retiree health care disputes. Brian’s experience includes:
- Successfully defending a charter school in a representation election in the first National Labor Relations Board (NLRB) election held under the new election rules.
- Providing legal advice on union organizing and campaigns.
- Defending unfair labor practice charges at the NLRB, including participating in hearings and trials before administrative law judges and hearing officers.
- Achieving favorable outcomes in multiple class and collective action lawsuits under the Fair Labor Standards Act.
- Obtaining a temporary restraining order and preliminary injunction against a client’s former employees who were violating the terms of their non-compete, non-solicitation, and confidentiality agreements.
Brian is responsible for assisting in the development of a solid litigation strategy in matters involving Title VII, the Elliott-Larsen Civil Rights Act (ELCRA), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and Fair Labor Standards Act (FLSA). Brian has successfully obtained dismissal of several lawsuits through summary judgment, including claims under Title VII, ELCRA, the Michigan Whistleblowers’ Protection Act (WPA), and several other federal and state employment statutes.
Brian works with companies to enhance workplace safety and maintain compliance with OSHA regulations and requirements. Brian also has significant experience defending OSHA citations, which has included obtaining pre-complaint dismissals of violations and negotiating reduced penalties.
Brian is also regularly called upon by clients and organizations to counsel and speak on labor and employment matters, including wage and hour laws, Michigan’s Identity Theft Protection Act; Michigan’s new wage garnishment laws; effective evaluations, disciplines, and discharges; and Human Resources recordkeeping. Brian is also a contributing author for ICLE and DRI.
Professional and Community Affiliations
In October 2015, Brian was appointed to the Board of Commissioners for the State Bar of Michigan by the Michigan Supreme Court, where he currently serves on the Audit and Public Policy committees. Brian is also the Immediate Past President of the Federalist Society, Michigan Lawyers Chapter and is a guest judge and coach for the Wayne State University Law School moot court and Jessup moot court programs.
A graduate of Wayne State University Law School, Brian was the president of the Law School’s moot court program, editor-in-chief of the Jessup International Law moot court team, and president of the Law School’s Federalist Society chapter. Brian previously attended Michigan State University’s James Madison College of Public Affairs where he earned a Bachelor of Arts degree in International Relations with a concentration in Political Economy.