Your business is just that, your business. Your trade secrets – business intelligence, client lists, operational data – can easily walk out the door with an employee if he or she leaves for greener pastures. Protecting your business, and the time and resources you have dedicated to its success, should be a top priority. We can help you protect what you have built.
Our attorneys represent companies and related parties across the country in the pursuit or defense against employers who have violated restrictive covenants. We assist securities firms, financial institutions, health care and medical staffing companies, insurance companies, franchisees and franchisors, among others. We have litigated well over 300 restrictive covenant cases and have pursued and obtained injunctions in all U.S. contiguous states.
Restrictive Covenants. An Ounce of Prevention
We can show you how to make your existing policies stronger and more enforceable – or, if you don’t yet have policies in place, we can craft them for you. We will formulate guidelines that will protect your business now and provide you with the necessary legal foundation should an issue arise in the future.
We can assist with drafting and instituting trade secret and data management policies that will provide your employees with a clear understanding of proper access, scope, and use of your business intelligence. Additionally, the use of Restrictive Covenants in employment contracts can provide clear instructions to and set necessary privacy expectations for your employees, making it clear that the business will not tolerate the misuse or theft of business intelligence.
Temporary Restraining Orders (TROs) and Litigation
Employment relationships don’t last forever, and the stars you hired three years ago may be moving on. The departure is bad enough, yet when they leave and take business trade secrets with them, your response is critical and time is of the essence. Every day that goes by, your business could lose customers and your ability to recover damages diminishes.
If you wait to act, your former employee can point to that delay as proof that the situation was not urgent and that your claims are unsubstantiated.
Working quickly on your behalf, we can evaluate the situation or claim and make timely recommendations, sometimes using potential court action as leverage. The quick and accurate evaluation of your situation and associated claim is the key to moving forward successfully.