A recent issue of Massachusetts Lawyers Weekly features Shannon Lynch in an article titled “Counterclaim in trade secrets case isn’t SLAPP suit.”

The article covers a recent decision by the Massachusetts Appeals Court in an action titled The Gillette Company v. Provost, et al.

According to the article, “defendant ShaveLogic, Inc. categorized plaintiff Gillette’s lawsuit as an action brought in bad faith to quash competition in the shaving market. Then, in response to Gillette’s special motion to dismiss ShaveLogic’s counterclaim under the anti-SLAPP statute, ShaveLogic argued that Gillette’s case was devoid of any reasonable factual support. The Appeals Court agreed. . . .”

Massachusetts Lawyers Weekly

In the article, Shannon Lynch is quoted as follows:

Shannon M. Lynch, an employment attorney in Boston who handles trade secret cases, said the decision is similar in reasoning to Brooks Automation, Inc. v. Blueshift Technologies, Inc., a 2007 decision in which the Appeals Court also rejected a company’s attempt to categorize a counterclaim in a trade secret case as a SLAPP suit.

“Both cases serve as a reminder that a company contemplating trade secret litigation should carefully evaluate the factual and legal underpinnings of its claims,” she said. “Claims devoid of the proper factual and legal support, brought as part of a strategy to squelch competition, will not find protection under the anti-SLAPP statute.”

The article is by Massachusetts Lawyers Weekly’s reporter, Eric T. Berkman.

Shannon Lynch is a partner at Beck Reed Riden LLP who focuses on employment litigation and counseling.

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