Thomas P.
Hubert

Position: Partner
Office: New Orleans

Thomas Hubert is a partner in the Labor & Employment Practice Group and a lead trial attorney for the trade secret non-compete team. Thomas is also a formally trained and qualified mediator.

Since 1989, Thomas has practiced primarily in the area of labor and employment law, as well as in areas that fall under more traditional commercial claims. Specifically, he has focused on business and commercial litigation, and labor and employment (including commercial contracts, Unfair Trade Practices Act, Trade Secret Act, covenant not to compete agreements, defamation, errors and omissions for insurance agents and stock brokers, directors and officers, and defense of homeowners' associations and boards of directors) in jury and judge trials throughout the Southeast, as well as in proceedings before administrative agencies. Thomas has handled hundreds of claims as a litigant and is formally trained and qualified to mediate complex cases as a neutral. Thomas recently completed training through the Mediation Institute and is qualified to register in courts and on independent panels as a mediator.

A majority of cases managed and handled by Thomas are pending throughout Louisiana, Texas, and Florida. Among the cases he has handled are multiple class action employment litigation, including race, sex, and Fair Labor Standards Act claims; individual discrimination claims; multimillion-dollar prosecutions of trade secret theft and enforcement of restrictive covenants; as well as claims of unlawful oppression of minority stakeholder, breach of fiduciary duty, and various cybersecurity protection cases.

Thomas is also a founder of and editor for the Trade Secret Insider, a legal blog committed to providing timely legal insights on trade secrets, non-competes, computer fraud, and data theft.

Noteworthy

Experience

Axis Teknologies, LLC v. Fibrebond Corporation, et. al. United States District Court for the District of Arizona Case No. 2:18-cv-03150. Axis filed suit against our client, Fibrebond and its newly hired employee, Kevin Neff. Neff was a former Director at Axis. Axis alleged that Fibrebond and Neff conspired to breach Neff’s non-compete agreement, misappropriate Axis’s confidential information and trade secrets, breach Neff’s fiduciary duty, tortiously interfere with contracts, and engage in unlawful competition. The plaintiff was seeking damages in excess of $30 million. Axis sought a temporary restraining order to prevent competition, which we opposed, and was denied. We engaged in discovery for four months and were able to show through computer forensics that there was no evidence Fibrebond possessed or used any Axis information or otherwise engaged in unfair competition. Ultimately, the case was settled with Defendants paying no money and with no restrictions on competition for Fibrebond or Neff.
Kadant Johnson, Inc. v. Joseph V. D'Amico, Louisiana Steam Equipment, LLC and Utilities Optimization Group, LLC. The plaintiff was seeking more than $162 million in liquidated and other damages based on a provision of a non-disclosure, non-competition, and non-solicitation agreement (NDA) that had been in place prior to the two companies parting ways. The plaintiff claimed that the defendant/client was restricted by a non-competition, non-solicitation, and confidentiality provisions that entitled it to $250,000 per breach. The plaintiff also filed claims of unfair trade practices, trade secret violations, copyright violations, and patent infringement, as well as general breach of contract allegations. Following a two-week trial with 29 witnesses and the admission into evidence of more than 900 exhibits, the US District Court for the Eastern District of Louisiana issued a ruling and judgment in favor of defendants dismissing all claims against the firm's client, Louisiana Steam Equipment, LLC, and various other related entities, as well as Mr. D’Amico.
B&G Crane Service, L.L.C. v. Shannon Duvic, Bryan Vige, and Turner Bros. Crane & Rigging, Inc., 2005 1798 (La. App. 1 Cir. 5/5/06), 935 So. 2d 164; 2006 La. App. (NO. 2005 CA 1798). Representing the plaintiff, a suit was filed seeking monetary damages, a temporary restraining order, a preliminary and permanent injunction, and declaratory relief. The court of appeals agreed; the plaintiff was entitled to a preliminary injunction pursuant to Louisiana's Unfair Trade Practices and Consumer Protection Law.