John R. Bauer

Attorney Bauer

Attorney Contact Info:

Phone: 617.439.4990
Fax: 617.439.3987
Email Attorney John R. Bauer

Professional Bio:

Bar Admissions:
Massachusetts, 1996
U.S. District Court, District of Massachusetts, 1996
U.S. District Court, District of Colorado, 2008
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Tenth Circuit

Education:
Harvard Law School, J.D. cum laude, 1995
Duke University, Ph.D., 1984
St. Mary's University, B.A. summa cum laude, 1978

Honors and Awards:
Rated AV Preeminent® by Martindale Hubbell
Massachusetts Super Lawyers 2010, 2011, 2012, 2013, 2014, 2015

Professional Associations and Memberships:
American Bar Association
- Co-chair the Public Outreach and Service Subcommittee of the Trade Secrets and Interference with Contract Committee
Boston Bar Association
- Member of the Steering Committee of the Business and Commercial Litigation Section

Credentials:
John Bauer joined Lawson & Weitzen, LLP as a Partner in 2016. His practice focuses on the litigation of business, commercial and intellectual property disputes. Mr. Bauer regularly represents parties in lawsuits throughout the United States involving a range of business claims, including breach of contract, breach of warranty, fraud, misrepresentation, unfair trade practices, and other business torts. He has extensive experience representing companies and individuals in trade secrets cases and cases concerning noncompetition, non-solicitation and nondisclosure agreements. Mr. Bauer also has litigated patent, trademark and copyright cases. He has represented limited liability companies, as well as members and managers, in numerous suits involving breach of fiduciary duty and related claims. He also has represented companies in disputes with insurers concerning coverage.

Mr. Bauer is an Adjunct Professor at Suffolk University Law School, where he teaches a course on Trade Secret Law. Mr. Bauer has written numerous articles and given lectures on trade secret law, noncompetition agreements, the Computer Fraud and Abuse Act, and related topics. He frequently is quoted on these and other topics in legal publications, including Massachusetts Lawyers Weekly.

Mr. Bauer holds the highest AV Preeminent® rating by Martindale Hubbell, and he has been named a "Massachusetts Super Lawyer" every year since 2010.

Practice Description:

Mr. Bauer is a business and intellectual property litigator with extensive experience representing parties in trade secret and noncompete litigation, as well litigation involving claims of breach of contract, breach of warranty, fraud, misrepresentation, unfair trade practices, and other business torts.

Areas of Practice:

Commercial and Business Litigation
Intellectual Property Litigation
Trade Secret Litigation
Noncompete Litigation
Insurance Litigation
Commercial Lease Litigation

Selected Publications:

“Codifying Noncompete Reforms is No Easy Task,” Massachusetts Lawyers Weekly, May 5, 2016

“Is Noncompete Reform in Massachusetts Unconstitutional,” Massachusetts Lawyers Weekly, March 16, 2015

"States Divided Over Asset Purchases and Non-Competes" New England In-House, January 2010

"Is an Employer Liable When Its Sales Employee Breaches a Noncompetition or Nonsolicitation Agreement with a Former Employer?" Massachusetts Continuing Legal Education, 2007

"Massachusetts Trade Secret Law: 2007," Massachusetts Continuing Legal Education, April 11, 2007

"Enforcing a Noncompetition Agreement through Litigation Can Be Risky," co-authored with Nancy M. Cremins, New England In-House, October 2006

"Will New England Courts Adopt the ‘Inevitable Disclosure’ Doctrine?" New England In-House, April 2004

"Criminalization of Trade Secret Theft: On the Second Anniversary of the Economic Espionage Act," co-authored with Joseph F. Savage, Currents: International Trade Law Journal, Summer 1999

"The Next War? Federal Prosecutors Focus on Intellectual Property Crimes," co-authored with Joseph F. Savage, Boston Bar Journal, November/December 1997

Selected Interviews:

“Noncompete Nullified by New Employment Contract,” Erik Berkman, Massachusetts Lawyers Weekly, December 17, 2015

“Noncompete Reform in Massachusetts Loses Traction” by Brandon Gee, Massachusetts Lawyers Weekly, May 28, 2015

“Recent Decision Signal Expansion of Arbitration Rights.” By Brandon Gee, Massachusetts Lawyers Weekly, May 7, 2015

"Scrubbing of Laptop didn't Violate CFAA," by Eric T. Berkman, Massachusetts Lawyers Weekly, August 28, 2014

"SJC Decision Complicates Damages Path for Startups," by Brandon Gee, Massachusetts Lawyers Weekly, August 14, 2014

"Businesses Increasingly Assert Patents for Strategic Reasons," by Brandon Gee, Massachusetts Lawyers Weekly, May 16, 2014

"Noncompete Agreements Getting Harder to Enforce," by Don Seiffert, Boston Business Journal, August 16-22, 2013

"Principle that Invalidates Noncompetes Gains Traction," by Brandon Gee, Massachusetts Lawyers Weekly, July 15, 2013

"Ex-employees Sued Over Computer Use: CFAA Narrowly Construed," by Eric T. Berkman, Massachusetts Lawyers Weekly, June 19, 2013

"U.S. Supreme Court Takes Pass on CFAA Lawsuit; Uncertainty Remains," by Correy E. Stephenson, Massachusetts Lawyers Weekly, February 12, 2013

"Non-Compete Agreement Could be Enforced," by Eric T. Berkman, Massachusetts Lawyers Weekly, June 16, 2011

"U.S. Supreme Court to Rule on Patent Eligibility," by Christina Pazzanese, Massachusetts Lawyers Weekly, June 28, 2010

"Proposed Non-Compete Bill Would Bring Sweeping Change," Massachusetts Lawyers Weekly, May 10, 2010

"Bill Renews Attempt to Rein in Non-Competes," by Christina Pazzanese, Massachusetts Lawyers Weekly, May 3, 2010

"Critics Blast Bill Barring Noncompete Agreements," by David E. Frank, Massachusetts Lawyers Weekly, January 26, 2009

Cases & Clients:

Simplivity Corp. v. Hofdahl, 2016 WL 4080369 (Mass.Sup.Ct. June 24, 2016)

Fallman v. Hotel Insider, Ltd., 14 Civ. 1040, 2016 WL 316378 (S.D.N.Y. Jan. 15, 2016).

Interactive Tracking Systems, Inc. v. Artafact, LLC, Civil Action No. 08–10101–EFH, 2011 WL 2161863 (D.Mass. June 1, 2011).

Smith v. Jenkins, 718 F.Supp. 2d 155 (D.Mass, 2010)

Smith v. Jenkins, 626 F.Supp.2d 155 (D.Mass. 2009)

Wieder Psychiatric Services v. New Hampshire Chief Medical Examiner’s Office, 25 Mass.L.Rptr. 33, 2009 WL 330918 (Mass.Super.Ct. Feb. 12, 2009)

Hooper et al. v. Davis-Standard Corp., 482 F.Supp.2d 157 (D.Mass. 2007)

The Descartes System Group, Inc. v. Celarix, Inc., 13 Mass.L.Rptr. 317, 2001 WL 72146 (Mass.Super.Ct. June 20, 2001)

FD Holding Corp. v. Danbury Bowlarama Corp., 1999 WL 1225233 (D.Mass. Dec. 14, 1999).

John R. Bauer is an AV rated attorney by Martindale-Hubbell

John R. Bauer is an AV rated attorney by Martindale-Hubbell in 2017

Attorney Bauer was selected as a Super Lawyer® for the following years:

Attorney Bauer is a 2016 Super Lawyer Attorney Bauer is a 2015 Super Lawyer Attorney Bauer is a 2014 Super Lawyer
Attorney Bauer is a 2013 Super Lawyer Attorney Bauer is a 2012 Super Lawyer Attorney Bauer is a 2011 Super Lawyer
Attorney Bauer is a 2010 Super Lawyer