Overview

Lukas is a creative and dedicated advocate for clients dealing with claims of unfair competition. He has represented numerous employers and employees against accusations by competitors of various business torts, including tortious interference with contract, trade secret misappropriation, unfair competition, breach of duty, and violations of restrictive covenants (i.e., non-compete and non-solicitation contracts).

Lukas has also represented numerous employers that have recently learned of a current or former employer that has been committing wrongful acts against the company—either while still employed or shortly thereafter. This includes secretly working for a competitive company, stealing intellectual property, diverting business opportunities and sales away from the employer, and soliciting kick-back arrangements with vendors. In such cases, Lukas has worked with the client to put into action a plan to protect the client’s business interests, such as customer relationships and intellectual property, through the court system.

Services

Experience

  • Successfully defeated motion for preliminary injunction in the Middle District of Florida by former employer against multiple employees that accepted employment for another company operating in the same transportation logistics industry. See Blue-Grace Logistics LLC v. Fahey, 340 F.R.D. 460 (M.D. Fla. 2022).
  • Granted motion for summary judgment, dismissing all claims against clients for allegedly violating non-competition covenants under Florida law, by establishing that former employer did not have a legitimate business interest that justified non-competition restriction. See Blue-Grace Logistics LLC v. Fahey, No. 8:21-CV-2523-KKM-MRM, 2023 WL 424285 (M.D. Fla. Jan. 26, 2023).
  • Successfully transferred non-competition and non-solicitation case from the Western District of Texas, where the employer was headquartered, to the Northern District of Illinois, where the employees resided. See DM Trans, LLC v. Scott, No. 1:21-CV-505-RP, 2021 WL 2864885 at *1 (W.D. Tex. July 8, 2021).
  • Defeated motion for preliminary injunction in the Northern District of Illinois against five employees that resigned to work for a competitive company in the transportation logistics industry. See DM Trans, LLC v. Scott, No. 21 C 3634, 2021 WL 4963606, at *1 (N.D. Ill. Oct. 26, 2021).
  • Defended district court’s denial of motion for preliminary injunction to the Seventh Circuit Court of Appeals, resulting in a precedential decision affirming win in lower court. See DM Trans, LLC v. Scott, et al., 38 F.4th 608 (7th Cir. 2022).
  • Successfully moved to dismiss claims in the Middle District of Florida against employees for allegedly violating non-competition and non-solicitation restrictions while employed by new employer. See Paramount Transportation Logistics Servs., LLC v. Traffic Tech, Inc., No. 2:21-CV-831-JES-NPM, 2022 WL 861584, at *6 (M.D. Fla. Mar. 23, 2022).
  • Successfully reversed decision by the Southern District of Ohio entering a preliminary injunction in the Sixth Circuit Court of Appeals based on procedural due process arguments rooted in the Federal Rules of Civil Procedure. See Total Quality Logistics, LLC v. Traffic Tech, Inc., No. 22-3148, 2023 WL 1777387, at *1 (6th Cir. Feb. 6, 2023).
  • Secured emergency temporary restraining order against former employees that were secretly diverting customers from employer to separate business while still employed. Case settled for high six figures shortly after emergency relief was entered.
  • Successfully pursued claims for violating restrictive covenants and misappropriating trade secret in Minnesota federal district court against former sales employee and new employer, resulting in six-figure settlement and immediate return and deletion of confidential and/or trade secret information.
  • Defeated motion for preliminary injunction in Michigan state court against former employee for allegedly contacting customers in violation of non-solicitation restrictions, leveraging unpaid commissions as a defense.
  • Acquired summary judgment dismissal in Minnesota state court of breach of contract and tortious interference claims in case where former employees resigned to work for a competitor, successfully advancing defense that employees have a right to work with customers for which they had preexisting relationships with.
  • Successfully pursued claims of breach of duty and wrongful use of confidential information against former employer that started and built a competitive company while still employed by company, resulting in confidential settlement agreement to protect assets of the company.
  • Pursued claims for violating non-competition, non-solicitation, and confidentiality provisions in employment agreement against departing employee in staffing and recruiting industry, resulting in settlement favorable to former employer.
  • Defended employee and former employer in insurance sales industry against claims that former employer had stolen customers in violation of employment agreement.
  • Received emergency temporary injunctive relief against two departing employees in staffing and recruiting industry to thwart plans by departing employees to divert business from former employer to rival company.
  • After a contested evidentiary hearing in Florida state court, successfully defeated motion for preliminary injunction against former employer for working for company in transportation logistics allegedly in violation of non-competition provision in employment agreement.
  • Defeated motion to compel arbitration against employee who raised misclassification and failure to pay overtime wages as an unclean hands defense to injunctive relief. Total Quality Logistics v. Traffic Tech, No. 1:21-CV-714, 2022 WL 523463, at *1 (S.D. Ohio Feb. 22, 2022).
  • Defeated motion to dismiss and/or transfer case from the Eastern District of Virginia to the Middle District of Florida after preemptively filing Complaint for Declaratory Judgment. See Woie, et al v. Blue-Grace Logistics LLC, No. 3:22-CV-637-HEH, 2023 WL 1783773, at *1 (E.D. Va. Feb. 6, 2023).
  • Defended against class action allegations for unlawful forced tip sharing by restaurant management tip sharing under Minnesota statute.
  • Successful moved to transfer class action complaint filed by Plaintiff in the District Court of Minnesota based on argument that Plaintiff was engaged in forum shopping. See Lyman v. Gas Gathering Specialists, Inc., No. 21-CV-2386 (KMM/ECW), 2022 WL 1639553, at *2 (D. Minn. May 24, 2022).

Credentials

Education

  • University of Wisconsin – Eau Claire, B.A., 2013, magna cum laude
  • Mitchell Hamline School of Law, J.D., 2019, summa cum laude

Admissions

  • Minnesota, 2019
  • Federal District Court of Minnesota
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Sixth Circuit 
  • U.S. Court of Appeals for the Seventh Circuit 
  • U.S. Court of Appeals for the Eleventh Circuit 

Clerkships

  • Legal Extern, American Civil Liberty Union of Minnesota

Recognition

  • North Star Lawyer, Minnesota State Bar Association, 2019-2022

Civic & Professional

Professional Activities

  • Mitchell Hamline Law Review, Volume 45, Member
  • Mitchell Hamline Law Review, Volume 46, Symposium Editor
  • Minnesota State Bar Association, Member

Community

  • Legal Clinic for Homeless Youth at Youthlink, Volunteer

News & Insights

Publications & Presentations

Co-Presenter, The Future of Whistleblower Claims and Lessons Learned from COVID-19 Litigation, Fredrikson & Byron's Annual Employment & Labor Law Seminar, On-Demand Webinar, October 2021

Co-Presenter, Litigation Trends in the COVID-19 Era, Fredrikson & Byron’s Employment & Labor Law Webinar Series, November 19, 2020

Contributing Author, "Social Media and the Global Workforce", International Labor and Employment Laws, Bloomberg Law, 2020

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