Restrictive Covenants, Trade Secrets & Unfair Competition
Planning and Counseling: Drafting Agreements and Setting Policy
When vetting potential new employees, organizations want to avoid exposing themselves to possible litigation. Our team helps employers:
- Review the agreements and restrictions on incoming employees.
- Draft employment agreements to reduce the risk of a claim by a former employer.
- Advise on options when a former employer sues the employer or its employees.
We understand that litigation is the option of last resort, and that prevention is best. Many restrictive covenant and trade secret cases depend on the policies and agreements of the former employer. We are practical business lawyers who help boards of directors, senior management, in-house counsel and human resources professionals draft, develop and implement contractual agreements and coordinated policies and procedures, all of which are designed to help minimize the risks that arise when hiring employees from competitors and maximize the enforcement potential. We assist employers with:
- Drafting effective restrictive covenant agreements, such as non-compete, non-solicitation and confidentiality agreements, and developing policies and procedures, to address trade secrets, ownership of intellectual property, fiduciary duty, duty of loyalty, unfair competition, and IT policies and practices.
- Implementing restrictive covenants and other agreements in a multi-state environment.
- Understanding and addressing statutory concerns such as the Computer Fraud & Abuse Act, the Economic Espionage Act, the Defend Trade Secrets Act and uniform state trade secret statutes.
Litigation: TROs, Injunctions and Damages
Employers face increasing employee challenges that require prompt action—from discovering that a key employee or group has jumped to a competitor to receiving a demand letter, or worse, a lawsuit from a newly hired employee’s former employer alleging improper conduct.
When these types of issues arise, Saul Ewing Arnstein & Lehr lawyers work with employers to immediately help identify and secure crucial evidence, analyze the strengths and weaknesses of the claims, and weigh options. Our team has handled hundreds of TRO and injunction cases in virtually every state in the country. Our seasoned trial lawyers regularly:
- Handle disputes involving restrictive covenants (non-competition and non-solicitation provisions), violation of trade secrets statutes, and claims for unfair competition.
- Appear in state and federal courts across the country, as well as before arbitration forums such as the AAA and FINRA.
- Bring claims against former employees and their new employers, and also defend companies that have recruited and hired employees from competitors.
- Successfully obtain and defend against temporary restraining orders, preliminary and permanent injunctions, along with damages for breach of contract, tortious interference, breach of the duty of loyalty, violation of the Computer Fraud & Abuse Act, business conspiracy, and trade secrets acts.
The group includes attorneys who have received the following recognition: