Our employment lawyers have significant experience drafting, interpreting and litigating restrictive covenants (“non-competes”). This is a complex area of the law that is ever-changing, and the nuances and contours of the law vary extensively from state to state. Our team assists clients and counsels them with respect to not only non-competes but also related issues, such as protection of corporate assets and intellectual property, misappropriation of trade secret information, unfair competition and computer fraud and abuse.
Non-competes that overreach in their geographical scope or have restrictions beyond an employer’s legitimate and existential business interests are typically not reasonable and therefore not enforceable under the law. An employer must have a legitimate interest to protect if it wants to enforce a non-compete agreement. Simply preventing competition is not a legitimate interest. Preventing use of trade secrets, goodwill associated with a particular geographic reason, and specialized training may be legitimate business interests worthy of protection under the law. We advise executives, managers, and employees alike. Our team drafts, analyzes, and counsels our clients concerning non-compete agreements, and we endeavor to identify those issues that will affect the enforceability of a non-compete to prevent future problems and potential litigation that may arise from poorly drafted non-compete agreements.
Our team focuses on our clients’ goals and objectives, and when necessary in the event of litigation arising from non-competes, our team has the experience to deliver successful results for our clients. Our team has tried hundreds of cases in the state and federal courts throughout the United States and before the state and federal administrative agencies, and many of those cases have involved the enforcement of non-competes.