Marguerite S. Walsh focuses her practice on representing companies, as both plaintiffs and defendants, in matters involving protection of intellectual capital and customer relationships. A trusted litigator and advisor who provides clients with strategic and practical solutions for these critical business needs, she combines her expertise with superior client service and high-quality work to handle a wide spectrum of matters, including:
- Litigating all aspects of cases involving trade secrets and post-employment restrictions, from the investigation stage through TRO/preliminary injunction, discovery, trial and appeal
- Helping clients reach settlements that result in positive business outcomes
- Counseling clients regarding the drafting, enforcement and defense of agreements containing post-employment restrictions
- Counseling clients faced with hiring individuals with post-employment restrictions in a manner designed to minimize risk
- Developing programs and systems that help prevent the theft of confidential information and trade secrets
Marguerite has specific experience with claims arising under the common law of many jurisdictions, as well as state-specific applications of the Uniform Trade Secrets Act. Marguerite is also well-versed in the Computer Fraud and Abuse Act and related statutes, as well as issues surrounding preservation and production of electronic evidence.
In addition to her unfair competition practice, Marguerite also regularly litigates and counsels on behalf of companies facing discrimination, retaliation and wrongful discharge claims, in both the individual and class action context, under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and related statutes. She has tried age and disability discrimination, and retaliation cases to verdict and has litigated many other matters at all stages, from the initial agency charge to summary judgment to the eve of trial. She has also handled appeals of such matters.
Working with a diverse group of clients, Marguerite represents companies in the following industries:
- Pharmaceutical
- Manufacturing
- Financial services
- Health care
- Medical devices
- Staffing
- Aerospace
- Consumer and industrial products
- Technology
- Management consulting
- Retail
Marguerite is a frequent speaker, particularly in the area of trade secrets and unfair competition. She was a lecturer at the National Institute for Trial Advocacy Jury Trial Program and served as a faculty member at the University of Virginia Trial Advocacy Program for two years. She also served as an adjunct professor at Villanova University teaching an undergraduate level honors seminar.
Co-chair of Littler Mendelson's Competition and Trade Secrets Practice Group, Marguerite is also a member of the Management Committee. Marguerite chairs the Legal Content Advisory Committee, is a core member of the firm's Women's Leadership Initiative and serves on the firm's Governance Committee. She also served on the Board of Directors and the Strategic Planning Committee.
Before joining Littler in 2001, Marguerite worked at other law firms as a shareholder, partner and associate.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Labor and Employment and Litigation Sections - American Bar Association
- Past Member, Council, Civil Litigation Section - Pennsylvania Bar Association
- Past Member, Commission on Women in the Profession - Pennsylvania Bar Association
- Past Member, Gender Bias Subcommittee, Pennsylvania Supreme Court Committee on Gender and Racial Bias in the Courtroom - Pennsylvania Bar Association
- Past Member, Business Litigation Committee's Task Force on Discovery - American Bar Association
- Member, Board of Directors - Rosemont School of the Holy Child
- Former Board Member, Center for Literacy
- Former Board Member, Woodlynde School
RECOGNITION
- Named, The Best Lawyers in America, 2009-2013
- Named, Pennsylvania Honor Roll of Women
- Named, Women to Watch - Business Philadelphia Magazine
PUBLICATIONS AND PRESS
- May 1, 2013Life Science Leader
- October 31, 2012The Legal Intelligencer
- September 7, 2012Littler Press Release
- September 12, 2011Littler Press Release
- 2011Post-Employment Restrictions and Protection of Trade Secrets in the New Economy: What You Need to Know
Co-author: Matthew J. HankEmployment Law Institute - August 9, 2010Littler Press Release
- August 14, 2009Littler Press Release
- 2009Litigation Over Noncompete Pacts is on the RiseWorkforce Management
- November 20, 2008Workforce Management
- October 31, 2008Littler Press Release
- 2008Defining, Protecting and Litigating Trade Secrets
Co-author: Jonathan M. Darcy, Joseph A Doughty, Michael R. Greco, John M. Neclerio, and Walter S. PeakeA Roundtable Discussion - 2004The Top Ten Ways to Prevent The Competition From Raiding Your Key EmployeesPhiladelphia Business Journal
- 2003The Top Ten Reasons Employers Lose Trade Secret Cases - and How to Prevent ThemPhiladelphia Business Journal
- 2000Discovery in a Trade Secret /Covenant Case
Co-author: Mary Kay BrownCorporate Legal Times / Buchanan Ingersoll White Paper Series - 1999How Your Company Can Survive a LawsuitCorporate Legal Times/Buchanan Ingersoll Litigation White Paper Series
- 1998What is Sexual Harassment?Course Materials - State Conference of Trial Judges
- 1998The ADA for Elder Care Lawyers
Co-author: Donald W. SchroederCourse Materials, Elder Care Law Symposium - Pennsylvania Bar Institute - 1996Discovery in a Trade Secret /Covenant Case
Co-author: Mary Kay BrownCorporate Legal Times Trade Secret White Paper Series - 1996ADA: The EEOC and Courts Finally Deliver Some AnswersCourse Materials, The Goldfarb Institute,
- 1996How to Hire Right and Fire Right Under the ADABuchanan Ingersoll White Paper Series
- 1993Taking the Deposition of An ExpertCourse Materials, American Bar Association
- 1992Polygraph and Psychological Test, Employee Searches, Surveillance and MonitoringCourse Materials, Pennsylvania Bar Institute
- References and Employee Discipline: The Defense PerspectivePennsylvania Bar Institute, No. 1999-2220 (pp. 44-52)
- Employment Claims: Discrimination and Non-Statutory ClaimsPennsylvania Bar Institute, No. 1997-1310 (pp.1-32)
- The Art of Presenting Defendant's Case-in-ChiefPennsylvania Bar Institute, No. 1997-1297, (pp. 81-89)
SPEAKING ENGAGEMENTS
- May 2, 2012eDiscovery 2.0: Top 10 Tips and Trends
Breakfast Briefing - Littler Mendelson, Philadelphia, PA - 2003, 2006, 2011Employment Law Update for the General Practitioner
Pennsylvania Bar Institute - 2011Post-Employment Restrictions and Protection of Trade Secrets in the New Economy: What You Need to Know
Employment Law Institute - 2009Preventing Your Intellectual Capital and Customer Relationships from RIF-ing Out the Door
DELVACCA Institute - 2005Restrictive Covenants and Trade Secrets in Pennsylvania
Pennsylvania Bar Institute - 2001The Trial of an Age Discrimination Case
Pennsylvania Bar Institute - 1999Business Lawyers' Institute
Pennsylvania Bar Institute - 1999Emerging Workplace Battlefields
Pennsylvania Bar Institute - 1998Employment Law Program
State Conference of Trial Judges - 1998The ADA for Elder Care Lawyers
Elder Care Law Symposium - Pennsylvania Bar Institute - 1997Insurance Solutions for Employment Practices Liability
Pennsylvania Bar Institute - 1997The Trial of a Sexual Harassment Case
Pennsylvania Bar Institute - 1997Trade Secrets and Covenants-Not-to-Compete
Philadelphia Bar Association - 1997Trial Practice for the Plaintiff Employment Lawyer
National Employment Lawyers' Association - 1996Legal Update on Major Long-Term Care and Labor Issues
The Goldfarb Institute