John R. Bauer
Partner
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John Bauer has significant skills and knowledge in the representation of clients in business and intellectual property litigation. With over 20 years of experience, his clients recognize his responsiveness and ability to effectively and efficiently attain their objectives. John represents clients that are parties to lawsuits throughout the United States involving a range of business claims, including breach of contract, fraud, misrepresentation, unfair trade practices, and other business torts. John has extensive experience as counsel for companies and individuals in intellectual property cases, including trademark litigation, trade secrets cases, and cases involving noncompetition, non-solicitation, and nondisclosure agreements. In addition, John has also represented limited liability companies, as well as members and managers, in numerous lawsuits involving breach of fiduciary duty and related claims.
As an Adjunct Professor at Suffolk University Law School, John teaches courses on Trademark and Trade Secret Law. In addition, he has written numerous articles and given lectures on trade secret law, noncompetition agreements, the Computer Fraud and Abuse Act, and other related topics. He is frequently quoted on such topics in legal publications, including Massachusetts Lawyers Weekly.
Practice Areas
Professional Affiliations & Memberships
American Bar Association- Former co-chair of the Public Outreach and Service Subcommittee of the Trade Secrets and Interference with Contract Committee
Boston Bar Association- Former member of the Steering Committee of the Business and Commercial Litigation Section
Awards & Recognition
AV Preeminent attorney by Martindale-Hubbell
Super Lawyer 2006-2007, 2010-2019
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
Representative Matters
Jadian, Inc. v. National Quality Assurance USA, Inc., No. 1:17-cv-907, 2018 WL 6529526 (W.D. Mich. Nov. 21, 2018)
Siegler v. Curb Call, Inc., No. 17-cv-1136, 2017 WL 6730095 (S.D. Cal. Dec. 29, 2017)
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)
News & Insights
- Ambiguity in the Massachusetts Noncompete Act: Garden Leave and “Mutually-Agreed Upon Consideration”
Education
Harvard Law School, JD, cum laude, 1995
Duke University, PhD, 1984
St. Mary's University, BA summa cum laude, 1978
Bar Admissions
Massachusetts (state and federal)
U.S. District Court, District of Colorado, 2008
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Tenth Circuit
Contact
Boston Office: 617-439-4990
Direct Line: 617-603-3716