Brian P. Bialas

  • Associate
  • Boston
  • 617 832 3017 direct
  • 617 832 7000 fax

Brian P. Bialas practices in three interrelated areas: business litigation, employment litigation, and security and privacy. Brian regularly litigates disputes between businesses and between employees and businesses involving non-competition, non-disclosure, and non-solicitation agreements, trade secrets, confidential information, breach of fiduciary duty, and the Computer Fraud and Abuse Act. He also advises businesses and employees on non-competition agreements and security and privacy issues. Brian is co-author of the Massachusetts Non-Compete Law blog and is a frequent contributor to the Security, Privacy and the Law blog.

In addition to his non-compete and security and privacy work, Brian has litigated a variety of other business disputes, including cases involving shareholders, professional liability, trademarks, insurance recovery, and various types of contracts.

Before joining Foley Hoag LLP, Brian served as a law clerk for Judge Paul J. Kelly, Jr. of the U.S. Court of Appeals for the Tenth Circuit in Santa Fe, New Mexico. In law school, he was a senior editor of the Boston College Law Review and a member of the John J. Gibbons Criminal Procedure Moot Court Team that won the national championship.

Bars and Court Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Tenth Circuit

Representative Experience

The following is a brief summary of Brian's experience and accomplishments:

  • Drafted security and privacy policies for nonprofit corporation and advised the corporation on the implementation of those policies.

  • Advised employer in dispute with new employee’s former employer regarding employee’s retention of former employer’s confidential information.

  • Defeated summary judgment motion for employer in case involving the enforcement of a non-competition agreement against the employer’s former chief scientist.

  • Obtained summary judgment for a low-cost airline in a trade-secret dispute with its former reservation-software provider.

  • Obtained favorable settlement for employer in case involving the employer’s former IT director who took confidential information.

  • Advised employer on security and privacy issues after former employee took confidential customer information.

  • Obtained favorable settlements for employer in cases involving former employee and former consultant who disseminated the employer’s confidential information and conspired to overthrow the management of the company.

professional / civic involvement

  • Massachusetts Bar Association, Young Lawyers Division, Board of Directors
    • Chair, Membership Development and Social Events Committee (2011-2012)
    • Civil Litigation Section Liaison (2011-2012)
  • Federal Bar Association, IP Legal Browser: The Newsletter of the Federal Bar Association’s Intellectual Property Law Section, Editor-in-Chief (2011-2012) 
  • Massachusetts Republican Party, Chairman of Ward 6 (South Boston), Delegate to 2010 State Convention
  • Frank J. Murray American Inn of Court (Boston, MA)

SPEECHES AND CONFERENCES

  • Moderator, Business Development for Associates: Laying the Groundwork for Success, Massachusetts Bar Association, Foley Hoag LLP, June 30, 2011
  • Panelist, Young Lawyers Division Career Panel, Massachusetts Bar Association, Boston University School of Law, February 9, 2011
  • Speaker, “Barr v. Galvin and Massachusetts Third-Party Ballot Access,” Federalist Society for Law and Public Policy, Western New England College School of Law, November 2, 2010

publications