Contrary to popular belief, covenants not to compete and confidentiality agreements are enforceable – but employers must first properly draft and implement those agreements.  In addition, employers may have remedies for trade secret misappropriation or other forms of unfair competition regardless of whether a written agreement exists.

Simply stated, unfair competition law is a minefield of legal and practical concerns that present unique challenges for companies.  That’s especially true for companies with mobile workforces and multi-state operations, as noncompete and trade secret issues are governed almost exclusively by individual state laws.  What works in one state might not work in another given different legal standards, which heightens the need for making sure that any restrictive covenant is properly drafted, executed and enforced. 

What Sets Us Apart

Our lawyers are highly experienced in the particular nuances of this dynamic area of law, where practical and legal strategies often merge in ways that require great flexibility and creativity. With offices across the country, Constangy’s trade secret and unfair competition practice group is situated to help employers with virtually any matter involving confidential information, covenants not to compete or other restrictive covenants.  This knowledge includes at least the following:

  • Drafting covenants not to compete, nonsolicitation and confidentiality agreements
  • Representing clients in all areas of noncompete and trade secret litigation and pre-litigation, from cease and desist letters, to temporary restraining orders, preliminary injunctions and jury trials
  • Advising clients who want to hire an individual currently bound by a restrictive covenant
  • Counseling clients in the proper execution and enforcement of these agreements
  • Developing and implementing trade secret protection programs
  • Virtually any other issue involving covenants not to compete, trade secrets and other actual or potential unfair competition matters

What We Do

Drafting covenants not to compete, nonsolicitation agreements, confidentiality/nondisclosure agreements, and assignment of invention agreements; bringing and defending claims for breach of noncompete agreements and trade secret misappropriation; developing trade secret protection programs; client counseling in all areas of noncompetition and trade secret law to help companies protect legitimate business interests against unfair competition wherever it might occur.

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