J. Scott Humphrey
Chair, Trade Secrets, Restrictive Covenants & Unfair Competition Practice Group
Overview
Scott has extensive litigation, arbitration and counseling experience involving a wide range of complex commercial contract disputes and business torts, including matters arising from trade secret appropriation, breach of restrictive covenants, contract disputes, manufacturing and distribution issues, fraud and insurance disputes.
As a result, Scott currently serves as lead litigation and consulting counsel for a broad range of clients, including financial services companies; commercial and consumer product manufacturers; consulting firms; pharmaceutical, surgical and medical companies; processing companies; commercial real estate firms; commercial product distributors; health care organizations; media firms; commercial transportation companies; food and beverage companies; insurance companies and technology organizations. His clients range from small business owners and startups to Fortune 100 companies.
As a member and Chair of the Trade Secrets, Restrictive Covenants and Unfair Competition Group, Scott has worked with numerous companies, associations, individuals and organizations on the protection of trade secrets and enforcement of restrictive covenants. In doing so and using his Six Sigma Green Belt accreditation, Scott has worked with clients to develop, implement and monitor “best practices” for the protection of trade secrets and confidential information. When necessary, he has successfully obtained (and defeated), in courtrooms and before Arbitration Panels throughout the country, temporary restraining orders, preliminary injunctions and permanent injunctions for clients in the technology, securities, financial services, pharmaceuticals, cannabis, insurance, transportation, medical and surgical sales, electronics, health care, media talent, data processing, business consulting, food and beverage manufacture and distribution, and consumer products space. He has also successfully taken numerous restrictive covenant and trade secret cases to verdict, and argued restrictive covenant and trade secret matters before state and Federal Appellate courts. Scott also regularly speaks on these topics through client presentations, industry seminars and national presentations, and he regularly counsels companies about the potential impact of the National Defend Trade Secrets Act and other state law changes to restrictive covenant laws.
Scott’s practice also focuses on commercial and business-related litigation involving complex commercial contract disputes and other business torts. In this capacity, Scott has litigated commercial litigation disputes in courtrooms and Appellate courts across the country. More recently, Scott has developed expertise in the area of litigation finance. In doing so, Scott has worked with clients to obtain litigation financing, worked with funders on evaluating potential cases to fund, and spoken at various trade organizations about the impact litigation finance has (and will continue to have) on the legal market.
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Experience
Successfully defended a power manufacturing company against a competitor’s claims of trade secret misappropriation. After a two-week trial, the jury deliberated for ten minutes before finding for our client. The jury also found that the competitor brought its trade secret claims in bad faith, thereby allowing our client to recover seven figures in attorneys’ fees from the competitor.
Represented the General Charles Young Foundation as Foundation Counsel to have General Young’s birth home in Ohio listed on the National Registry of Historic places and portions of the interstate between Cincinnati, Ohio and Louisville, Kentucky dedicated the “General Charles Young Memorial Highway.” Additionally, worked with the Foundation to have the U.S, Department of Defense rename its “Defense Security Cooperation Institute” to the “Brigadier General Young Institute for Security Cooperation Research and Lessons Learned.”
Worked with our client and federal authorities to obtain a search warrant for, and obtain client information from, a competitor who illegally hacked our client’s computer systems.
Successfully prosecuted a preliminary injunction on behalf of a healthcare company and against a former employee who violated his noncompetition agreement.
Prosecuted two separate trade secret and restrictive covenant actions against former insurance agents that resulted in jury verdicts and a subsequent attorney’s fees award in favor of our clients.
Negotiated the turnover of confidential information and subsequent restrictive covenant restrictions on behalf of a food services client and against former employees who left the company to begin a competing business.
Represented a Fortune 500 logistics company in litigation against the former owners of an acquired company for corporate espionage, improper acquisition of computer software, and breach of noncompetition agreements. The case resulted in a permanent injunction in favor of our client and a seven-figure settlement payment to our client.
Prosecuted restrictive covenant violations before the American Arbitration Association on behalf of a credit card processing firm and against a former salesperson. Obtained injunctive relief and a six-figure arbitration award.
Prosecuted a preliminary injunction on behalf of a pharmaceutical company and against former employees who violated noncompetition agreements.
Successfully defeated competitor’s attempt to obtain temporary restraining order and then permanent injunction against Chief Executive Officer and third-party logistics company.
Successfully argued trade secret and restrictive covenant matter before United States Court of Appeals for Third Circuit on behalf of Fortune 50 client.
Conducted trade secret audit and worked with private equity firm on identifying potential trade secrets of cannabis grower in order to assess investment valuation and opportunity.
Deposed and presented medical, educational, metallurgical, vocational, scientific, psychological, financial, insurance and economic experts in various commercial contract, business torts, and insurance disputes.*
Briefed and argued enforceability of attorneys’ fees provision before 6th Circuit Appellate Court.*
Successfully prosecuted financial clearing firm before the National Futures Association.*
Argued enforceability of Arbitration provisions before Ohio Appellate Court.*
Defended consumer product broker at trial against claims made by government and other corporate entities regarding spoliation of food products.*
Advised consumer product manufacturer in implementation of strategic plan to reduce mold liability.*
Defeated litigation brought by former business owner who alleged that insurance client improperly blocked and interfered with sale of business to third party.*
Handled quality and distribution dispute between parts assembly manufacturer and supplier.*
Handled breach of consignment and supply agreements on behalf of an industrial manufacturing client.*
Successfully prosecuted consumer product supplier’s breach of a manufacturing agreement before the American Arbitration Association.*
Conducted discovery and pre-trial preparation, as well as briefed and argued summary judgment and discovery motions, for complex commercial contract matters, business disputes, and insurance claims.*
Represented and advised national electronic and consumer product manufacturers and distributors in contract negotiations with other manufacturers, suppliers, distributors and sophisticated, high-end consumers.*
Obtained summary judgment ruling for breach of contract claim brought by former agent and successfully argued affirmation of ruling before Ohio Appellate court.*
Defended consumer products supplier in RICO, consumer-fraud and alter-ego litigation.*
Conducted discovery and evidence depositions in complex commercial contract and financial services disputes, insurance matters and other business litigation.*
Succesfully defeated breach of contract action brought against injection mold manufacturer.*
Briefed and argued an insurance coverage dispute before Illinois Appellate Court.*
Defeated preliminary injunction request by former agent to prevent closing of insurance agency.*
Prosecuted a Directors and Officers Declaratory Judgment action on behalf of commercial insurance carrier.*
Represented clients at arbitrations involving various contract, construction, transportation, financial and corporate insurance disputes.*
Obtained nine figure summary judgment ruling against real estate developer and company for breach of promissory note and contract.*
Successfully tried (and obtained six figure monetary judgment) breach of contract claim against former employee before American Arbitration Association.*
Successfully tried and defeated FINRA arbitration claim involving wrongful termination allegations brought by former registered representative.*
Successfully tried and defeated American Arbitration Association claim brought by former employee and owner for breach of shareholder and employment agreement.*
First chaired three jury trials, two of which resulted in not guilty verdicts for his clients. The third jury trial resulted in the court dismissing the claims made against Scott’s client at the conclusion of the other side’s case.*
Drafted restrictive covenant agreements for companies in the electronics, health care, financial services, insurance, pharmaceuticals, medical sales, and manufacturing industries.*
Developed a process for a financial services company to protect confidential information.*
Worked with insurance company to implement procedures and protocols for spotting restrictive covenant violations and enforcing restrictive covenants in state and Federal courts.*
Procured enforcement of restrictive covenant against former salesperson of processing company.*
Counseled senior executives and high net worth individuals regarding noncompetition, non-solicitation and other restrictive covenant provisions contained in various separation agreements.*
Defended medical sales representatives against allegations of restrictive covenant violations.*
Obtained a preliminary and then permanent injunction against insurance agents to enforce restrictive covenant and confidentiality obligations in multiple jurisdictions and obtained affirmation of injunctions from multiple Appellate courts.*
Defeated temporary restraining order brought against dairy services client accused of raiding competitor’s sales force.*
Defended media organization against breach of restrictive covenant and employee raiding allegations.*
Defended senior business leader in American Arbitration Association dispute over violation of employee non-solicitation clause.*
Defended manufacturing company against injunction brought by a competitor as a result of hiring competitor’s former business leader.*
Represented financial institution before FINRA arbitration panel regarding theft of confidential information by former employees.*
Represented financial institution before the National Association of Securities Dealers (now FINRA) in order to enforce non-solicitation and competition agreements signed by former employees.*
Worked with High Frequency Trading firm to enforce restrictive covenant obligations against former traders and senior executives.*
Obtained preliminary injunction against life insurance agent (and agent’s staff) who violated restrictive covenants and stole confidential information.*
Represented a commercial products manufacturer in defeating temporary restraining order and preliminary injunction brought by competitor alleging misappropriation of trade secrets and employee raiding.*
Defeated temporary restraining order and preliminary injunction motion brought by former President of financial services company.*
Procured preliminary and permanent injunctions throughout the United States that enforced restrictive covenant and confidentiality obligations against multiple insurance agents. Cases resulted in seven figure settlement for our client.*
Defeated temporary restraining order brought by a former employer (commercial products manufacturer) against two employees who left to form a competing business.*
Secured preliminary injunction against multiple agents and a competitor for illegally accessing computer systems and misappropriating trade secrets.*
Represented commercial insurance carrier in defeating temporary restraining order brought against carrier by a competitor alleging employee raiding and misappropriation of trade secrets.*
Defeated temporary restraining order and trade secret claims brought by National Beverage Manufacturer against its former Chief Marketing Officer and primary competitor.*
Obtained a temporary restraining order and preliminary injunction against an insurance agent for violating restrictive covenants. The case subsequently went to trial, and we obtained a favorable monetary settlement before the case was submitted to the jury.*
Represented a Fortune 100 electronics manufacturer in enforcing a noncompetition agreement signed by its former Chief Financial Officer. The case was successfully resolved after we obtained injunctive relief for the client.*
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Credentials
Education
- Order of Omega
Clerkships and Bar Admissions
More
- Lean Six Sigma Green Belt Certified
- Member, The Chicago Bar Association Business and Trial Techniques Committee
- Fellow, The Chicago Bar Association College of Trial Lawyers
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Member, American Intellectual Property Law Association Trade Secret Law Committee
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Member, The Sedona Conference Trade Secrets Group
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Listed, Leading Lawyers in Illinois, Commercial Litigation, 2025
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Named, Chicago Lawyer, Top Trade Secrets/Unfair Competition Lawyers, 2025
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Listed, Benchmark Litigation, Litigation Star, 2024–2026
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Listed, Lex Machina, Top 10 Most Active Trade Secret Litigation Lawyers, 2024
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Named, Chicago Lawyer, Top Corporate Lawyers, 2024
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Named, Chicago Lawyer, Top IP, Arts & Sports Lawyers, 2023–2025
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Listed, Leading Lawyers in Illinois, Commercial Litigation and Trade Secrets/Unfair Competition Law, 2023
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Listed, IAM Patent 1000, Top Trade Secret Lawyer, 2023
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Named, Chicago Lawyer, Top Commercial Litigation Lawyers, 2023
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Named, Crain’s Chicago Business, Notable Gen X Leaders in Law, 2022
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Ranked, The Legal 500, Litigation, Intellectual Property, and Trade Secrets, 2017–2020
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