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John Bauer focuses his practice on the litigation and resolution of commercial disputes, including intellectual property disputes. He has appeared in federal and state courts throughout the United States and has represented clients in connection with a wide range of commercial matters, including disputes concerning trade secrets, the enforcement of covenants not to compete, copyrights, trademarks, breach of contracts, the termination of dealerships and distribution agreements, shareholder derivative claims, breaches of fiduciary duty by corporate officers and directors, and the interpretation of software license and development agreements.  |
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- Won summary judgment in favor of a machine manufacturer, defending against claims brought by a company that leased the machine. The lessor claimed the machine was defective and asserted economic damages of $9.5 million. The Court dismissed all of the lessor's claims.
- Won summary judgment in favor of an employee sued by his former employer asserting breach of a noncompetition agreement. The Court held that the noncompetition agreement is unenforceable. The Court also held that the former employer's breach of contract claim was "wholly insubstantial, frivolous and not advanced in good faith." The Court ordered the former employer to reimburse the employee for all reasonable attorneys' fees he incurred defending the case.
- Represented a Massachusetts manufacturer in a suit brought by a contractor seeking to enforce a nonsolicitation agreement that would have precluded the client from providing services to the contractor's former clients. Defeated a motion to preliminarily enforce that agreement.
- Obtained a preliminary injunction on behalf of a Massachusetts service-based company, precluding a former employee from working for a competitor in Connecticut, Rhode Island, and several counties in Massachusetts.
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- "Identifying, Protecting and Litigating Trade Secrets" (April 2007) presented at Massachusetts Continuing Legal Education Seminar; chair and presenter
- "Enforcing Noncompetition Agreements Against Out-of-State Employees" (12/2006) published in Connections: Cambridge Chamber of Commerce Newsletter
- "Enforcing a Noncompetition Agreement Through Litigation Can Be Risky" coauthored with Nancy M. Cremins (10/2006) published in New England In-House,
- "Trade Secret Law" (Fall 2006) presented at Northeastern University School of Law, part-time lecturer
- "Noncompetition Agreements in Massachusetts" (11/4/2004) presented at Massachusetts Bar Association
Additional Publications and Presentations
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- American Bar Association, 1996 to present, cochair of Subcommittee on Federal Legislation (Trade Secrets and Interference with Contracts Committee, Intellectual Property Law Section)
- Boston Bar Association, 1996 to present
- Massachusetts Bar Association, 1996 to present
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J.D.,
cum laude,
Harvard Law School
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Ph.D.,
Duke University
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B.A.,
summa cum laude,
St. Mary's University
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| John Bauer focuses his practice on the litigation and resolution of commercial disputes, including intellectual property disputes. He has extensive experience in litigating and negotiating trade secret disputes and disputes concerning noncompetition, nonsolicitation, and nondisclosure agreements. Mr. Bauer also has experience representing companies in connection with trademark and copyright disputes. He has represented parties in civil lawsuits involving a range of commercial matters, including contract and license disputes, unfair trade practices, and other business torts. He also has represented clients in connection with disputes arising out of the termination of dealerships and distribution agreements. He has represented companies, as well as their officers and directors, in shareholder suits alleging breaches of fiduciary duties, and he has represented majority or controlling shareholders in close corporations in suits brought by minority shareholders.
Mr. Bauer has litigated cases in federal and state courts in Massachusetts and throughout the country. He has experience in both small and complex litigation matters, and represents plaintiffs and defendants in commercial matters. He has successfully tried and arbitrated various commercial disputes, and he has resolved cases on behalf of clients in court-ordered and voluntary nonbinding mediations.
Mr. Bauer has been a part-time lecturer at Northeastern University School of Law, where he has taught a course on trade secret law. He has written articles on trade secret law, the enforceability of noncompetition agreements, and related topics. In April 2007, he chaired and presented at a seminar entitled "Identifying, Protecting and Litigating Trade Secrets," sponsored by Massachusetts Continuing Legal Education. In May 2007, Mr. Bauer gave a presentation on developments in the law governing the enforcement of noncompetition and nonsolicitation agreements at the 28th Annual Labor & Employment Law Spring Conference of the Massachusetts Bar Association.
Just after completing law school, Mr. Bauer clerked for the Honorable Janet Bond Arterton of the United States District Court for the District of Connecticut.
Mr. Bauer received his B.A., summa cum laude, and his M.A. from St. Mary's University and his Ph.D. from Duke University. He received his J.D., cum laude, from Harvard Law School. He is admitted to practice in Massachusetts and the U.S. District Court for the District of Massachusetts. Prior to entering law school, Mr. Bauer was a college professor for almost ten years, during which time he taught courses and published articles on American politics and political theory. |
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