Restrictive covenants include non compete agreements, non-solicitation agreements, confidentiality agreements, and assignment agreements. Restrictive covenants tend to be part of Employment Agreements, Independent Contractor Agreements, and Acquisition Agreements.
Restrictive covenant litigation tends to move fast, raise complex questions in obscure areas of law, and can potentially expose a company’s valuable trade secrets to unwelcome scrutiny. Our attorneys have experience representing both companies and individuals in restrictive covenant disputes as well as the other areas of law that such disputes frequently involve, such as Trade Secrets, the Computer Fraud and Abuse Act (“CFAA”), the Electronic Communications Privacy Act (“ECPA”), the Stored Communication Act (“SCA”), Unfair Competition, Tortious Interference, Patent, and other areas that our attorneys are conversant in.
Some common disputes can include:
1) A key employee departs for a competitor. Prior to departing, an examination of the employee’s computer and email reveal that the employee transferred a large amount of confidential information shortly before leaving.
2) Your company acquires a new business. Shortly thereafter, the CEO announces he is leaving and starting up a competing company despite signing an agreement to not compete for a period of time.
3) An employee is let go through a routine reduction in force. Several months later the employee files for a patent directed at a company innovation that was developed by a group that the employee was working with before being let go. The former employee then threatens to file suit for patent infringement.
Our attorneys are conversant with restrictive covenant matters, and whether you require counseling, or representation as a plaintiff or as a defendant, we can help you with your issue. If you have a question or issue regarding restrictive covenants, please feel free to reach out to us via telephone or email. You may also fill out our online inquiry form and we will strive to get back to you within 24 hours.
The following links provide information about non compete and restrictive covenant matters: