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Restrictive Covenants, Trade Secrets & Unfair Competition

Litigation: Injunctions and Damages

Employers are facing increasing employee challenges that require prompt action.  Whether it is discovering that a key employee or group has jumped to a competitor, receiving a demand letter, or worse, a lawsuit from a newly hired employee’s former employer alleging improper conduct, it is crucial to have a lawyer on speed-dial who can immediately help identify and secure crucial evidence, analyze the strengths and weaknesses of the claims, and weigh options.
Saul Ewing lawyers are seasoned trial lawyers who regularly handle disputes involving restrictive covenants (non-competition and non-solicitation provisions), violation of trade secrets statutes and claims for unfair competition.  We regularly appear in state and federal courts across the country, as well as before arbitration forums such as the AAA and FINRA.  We bring claims against former employees and their new employers, and also defend companies that have recruited and hired employees from competitors. 
Often times, these matters are urgent and demand immediate attention.  We have an impressive track record of successfully obtaining and defending 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, trade secrets acts and much more.

Planning and Counseling: Drafting Agreements and Setting Policy

When vetting potential new employees, you want to make certain that they do not expose your business to possible litigation.  We help employers in reviewing the agreements and restrictions on incoming employees; drafting employment agreements to reduce the risk of a claim by a former employer; and advising clients on options when a former employer sues you or your 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. Our lawyers do more than just litigate.  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 minimize the risks that arise when hiring employees from competitors and maximize the enforcement potential. We assist clients in:

  • 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 similar state statutes