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 Shekell partners with companies to create practical, workable solutions to managing their workforce, defends companies in lawsuits involving employment-related disputes and is often called on to litigate high stakes political law matters.
Working with companies in all aspects of managing their non-union and union workforces Brian regularly counsels businesses regarding effective policies and practices, employee performance issues, and separating employees when necessary. Companies frequently turn to Brian to defend them in lawsuits involving claims under 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), and several other federal and state employment statutes. Brian also has significant experience drafting employment agreements and litigating cases involving non-competition agreements.
In addition to his employment law practice, Brian litigates high-profile political law matters on behalf of legislative bodies, elected officials, political parties, and organizations. His recent experience includes serving as trial and appellate counsel in Michigan’s redistricting litigation, representing the Michigan House of Representatives and Senate in defending revisions to Michigan’s Election Law, securing the dismissal of a lawsuit brought by members of a local political party against its leadership, and responding to campaign finance complaints brought against companies and organizations.
From 2015 to 2018, Brian served as a Supreme Court appointee to the State Bar of Michigan’s Board of Commissioners. In 2020, he was appointed by the President of the State Bar of Michigan to serve on its Public Policy Committee, where he helps to review and formulate recommendations to the Board of Commissioners on various matters that impact the legal profession and related public policy issues in Michigan. Brian is also a former President of the Michigan Lawyers’ Chapter of the Federalist Society and currently serves on its Board of Advisors.