Martin Seth Chester

Marty Chester is a trial lawyer who specializes in complex business disputes. His practice focuses on non-compete and trade secret litigation, securities and financial services litigation, and other commercial disputes.

Before becoming a lawyer, Marty worked as a legislative assistant to Congressman Martin Olav Sabo of Minnesota.

 Non-Compete and Trade Secrets Litigation

 Marty has won non-compete cases in front of a jury, at the injunction stage and on appeal. He helps clients protect their trade secrets by enforcing non-competes and similar restrictive covenants in litigation nationwide, and by counseling clients on how to use non-compete agreements effectively. He also defends against claims of violating restrictive covenants, and disputes involving misappropriation of trade secrets.

Marty has particular experience seeking and defending against motions for injunctive relief and winning injunctions to enforce non-compete and non-solicit agreements for his clients. He is a chapter author on using non-competes to protect trade secrets and good will in the acclaimed book The Secrets to Winning Trade Secret Cases (Thomson West 2009).

• Won a federal jury verdict enforcing a post-employment restrictive covenant as lead trial counsel for American Family Insurance. The jury awarded American Family its entire damages claim and rejected a multimillion dollar counterclaim. The U.S. Court of Appeals for the Eighth Circuit affirmed the jury's decision.
• Won injunctions in multiple cases for Boston Scientific Corporation and Guidant Corporation to enforce the company's non-compete agreements against former managers and other sales employees.
• Won appeal in U.S. Court of Appeals for the 10th Circuit holding that client's non-compete agreement was valid under Massachusetts law, overturning district court's decision that agreement was invalid for lack of proper consideration.
• Won contempt-of-court sanctions in U.S. District Court against client's former employee and his new employer for violating injunction to enforce employee non-solicit agreement.

 Securities & Financial Litigation

 Marty tries cases before FINRA arbitration panels throughout the country, defending broker-dealers and their registered representatives from claims of unsuitability, churning, unauthorized trading, selling away, inadequate supervision, and alleged violations of state and federal securities laws involving securities and insurance products. Marty also represents broker-dealers in industry disputes with their former representatives involving claims of wrongful termination, Form U-5 defamation and breach of promissory notes, as well as in "raiding" disputes between broker-dealers.

• Won denial of an $11 million damages claim as lead trial counsel defending national broker-dealer against claims of Form U-5 defamation and breach of contract in 10-day FINRA arbitration trial.
• Won complete victory as lead trial counsel for national broker-dealer in FINRA arbitration trial against claimant alleging that broker-dealer violated securities laws and breached its duties to its customer by recommending unsuitable investments.
• Won complete victory for national broker-dealer in NASD/FINRA arbitration trial against claimant alleging that broker-dealer and one of its advisors violated industry rules
• Lead counsel in FINRA arbitrations for national broker-dealer in arbitrations around the country, including California, Florida, Texas, Wisconsin, Pennsylvania and Minnesota.