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Barry J. Waters Murtha Cullina LLP Of Counsel

Of Counsel

New Haven
Email: bwaters@murthalaw.com
Phone: 203-772-7719
Fax: 203-772-7723

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Bar & Court Admissions

  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • Connecticut
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Supreme Court
  • U.S. District Court, District of Connecticut

Education

  • George Washington University (J.D.)
  • University of Maryland (M.A.)
  • Georgetown University (A.B.)

Barry J. Waters

Barry J. Waters has extensive experience in a wide variety of commercial litigation cases, with an emphasis on employment, non-compete and trade secret litigation. He defends corporations in federal and state courts and in administrative agencies against employee claims involving discrimination based on age, sex, race, and disability; whistle-blowing; retaliation; and wrongful discharge. He also counsels employers on human resources policies and employment laws, including effective disciplinary and termination and separation strategies designed to avoid employment litigation.

Barry has extensive experience in counseling both the hiring company and the former employer in how to deal with potential and actual claims of breach of non-compete, non-solicitation, confidentiality and anti-piracy agreements, as well as claims of breach of the duty of loyalty and misappropriation of trade secrets. Barry has extensive litigation experience in handling cases involving these claims, both as counsel for the plaintiff and counsel for the defendant. While most of these cases are resolved at the injunction stage without a reported court opinion, Barry’s reported non-compete and trade secrets cases include:

  • Elm City Cheese Co. v. Federico, 251 Conn. 59 (1999) which he successfully argued on appeal after winning in the trial court;
  • 3M v. Francavilla, 191 F. Supp. 2d 270 (D. Conn. 2002);
  • United Rentals, Inc. v. Pruett, 296 F. Supp. 2d 220 (D. Conn. 2003);
  • Risdon-AMS (USA), Inc. v. Levine, 2004 Conn. Super. LEXIS 580 (2004);
  • Pop Radio, LP v. News America Marketing In-Store, Inc., 49 Conn. Supp. 566, 898 A.2d 863, 2005 Conn. Super. LEXIS 2982 (Sept. 15, 2005).

  • Listed as leading Labor & Employment lawyer in Chambers USA since 2005, Chambers & Partners-Publishing (Chambers.com)

  • Listed in The Best Lawyers in America® since 2003 (Copyright 2015 by Woodward/White, Inc., Aiken, SC)

  • Holds an AV® Preeminent™ Peer Rating from Martindale-Hubbell

  • Fellow, College of Labor and Employment Lawyers, Inc, 2007-2018

  • Fellow, American Bar Foundation

  • Listed in Connecticut Super Lawyers® in the area of Employment Litigation, 2007 - 2019 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

  • Listed in Connecticut Super Lawyers® (Super Lawyers is a registered trademark of Key Professional Media, Inc.) as Top 50 Lawyer in Connecticut, 2019

  • American Bar Association; Individual Rights and Responsibilities Committee; Labor and Employment Section
  • Connecticut Bar Association; Labor and Employment Law Section
  • Past Chair, Lex Mundi*, Labor & Employment Practice Group

    *Murtha Cullina LLP is the exclusive member firm in Connecticut for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+ countries worldwide. 

 

 

Overview

Barry J. Waters has extensive experience in a wide variety of commercial litigation cases, with an emphasis on employment, non-compete and trade secret litigation. He defends corporations in federal and state courts and in administrative agencies against employee claims involving discrimination based on age, sex, race, and disability; whistle-blowing; retaliation; and wrongful discharge. He also counsels employers on human resources policies and employment laws, including effective disciplinary and termination and separation strategies designed to avoid employment litigation.

Barry has extensive experience in counseling both the hiring company and the former employer in how to deal with potential and actual claims of breach of non-compete, non-solicitation, confidentiality and anti-piracy agreements, as well as claims of breach of the duty of loyalty and misappropriation of trade secrets. Barry has extensive litigation experience in handling cases involving these claims, both as counsel for the plaintiff and counsel for the defendant. While most of these cases are resolved at the injunction stage without a reported court opinion, Barry’s reported non-compete and trade secrets cases include:

  • Elm City Cheese Co. v. Federico, 251 Conn. 59 (1999) which he successfully argued on appeal after winning in the trial court;
  • 3M v. Francavilla, 191 F. Supp. 2d 270 (D. Conn. 2002);
  • United Rentals, Inc. v. Pruett, 296 F. Supp. 2d 220 (D. Conn. 2003);
  • Risdon-AMS (USA), Inc. v. Levine, 2004 Conn. Super. LEXIS 580 (2004);
  • Pop Radio, LP v. News America Marketing In-Store, Inc., 49 Conn. Supp. 566, 898 A.2d 863, 2005 Conn. Super. LEXIS 2982 (Sept. 15, 2005).
Practices & Industries
Recognition

  • Listed as leading Labor & Employment lawyer in Chambers USA since 2005, Chambers & Partners-Publishing (Chambers.com)

  • Listed in The Best Lawyers in America® since 2003 (Copyright 2015 by Woodward/White, Inc., Aiken, SC)

  • Holds an AV® Preeminent™ Peer Rating from Martindale-Hubbell

  • Fellow, College of Labor and Employment Lawyers, Inc, 2007-2018

  • Fellow, American Bar Foundation

  • Listed in Connecticut Super Lawyers® in the area of Employment Litigation, 2007 - 2019 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

  • Listed in Connecticut Super Lawyers® (Super Lawyers is a registered trademark of Key Professional Media, Inc.) as Top 50 Lawyer in Connecticut, 2019

Memberships
  • American Bar Association; Individual Rights and Responsibilities Committee; Labor and Employment Section
  • Connecticut Bar Association; Labor and Employment Law Section
  • Past Chair, Lex Mundi*, Labor & Employment Practice Group

    *Murtha Cullina LLP is the exclusive member firm in Connecticut for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+ countries worldwide. 

 

 

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Bar & Court Admissions
  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • Connecticut
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Supreme Court
  • U.S. District Court, District of Connecticut
Education
  • George Washington University (J.D.)
  • University of Maryland (M.A.)
  • Georgetown University (A.B.)
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