Non-Competes, Non-Solicitation and Trade Secrets

Advising Clients on Non-Compete, Non-Solicitation and Trade Secret Agreements

The attorneys in HMBR’s Labor and Employment Practice have significant experience advising clients and litigating matters involving non-compete, non-solicitation and trade secret agreements.  Our attorneys work with employers in a wide range of industries, from health care and financial services to software and real estate, to draft and enforce contracts designed to protect their business interests.  We also represent individual physicians, executives, salespersons and other employees in negotiating and defending against non-competes and other restrictive covenants.

Providing Proactive Counsel to Clients

At HMBR, we work with employers to develop and implement proactive measures that best protect their companies when an employment relationship ends.  Our lawyers routinely draft employment agreements that include non-compete, non-solicitation and trade secret provisions.  We also help employers craft employee handbooks and other policies that safeguard their confidential information, trade secrets, and other business assets from competitors.  Recognizing that non-compete and confidentiality clauses can be subject to legal challenge, HMBR attorneys work closely with employers to structure agreements that are both reasonable and legally enforceable.

The attorneys in our practice group also frequently review and negotiate employment contracts on behalf of employees.  In these situations, we work with employees to help ensure that non-compete, non-solicitation, trade secret and other restrictive clauses stipulated in the contract are reasonable in terms of their scope and duration and do not create any unfair disadvantages for the employee.

Taking Immediate Action to Protect Our Clients

When a conflict or dispute arises surrounding a non-compete agreement, HMBR attorneys act quickly and aggressively to protect the rights and interests of our clients.  If an employee is not abiding by the terms of their employment contract, our lawyers will seek to enjoin the employee from violating the non-compete.  While the individual situation dictates the specific actions that we take, when a former employee may be in breach of a non-compete, our lawyers will notify both the employee and the new employer that the employee is under a restrictive covenant and, if necessary, will seek an injunction and take other legal action to stop the employee from working with the employer.  We will also take immediate action to stop the employee from attempting to steal existing clients, employees and other business assets from the employer.  While we generally attempt to resolve the matters without resorting to costly and time-consuming litigation, our lawyers are prepared to take the matter to court to make sure the parties involved adhere to the terms of the agreement.

HMBR attorneys have also successfully litigated against the enforcement of non-compete, trade secret and confidentially agreements on behalf employees.  When an employer attempts to enforce an overly restrictive agreement, our lawyers will act quickly to obtain a declaration that the agreement is unenforceable so that our client can continue to earn a living in his or her chosen profession.