Restrictive Covenants / Non-Compete Agreements

We help employers protect against unfair competition and against the dissemination of trade secrets and other confidential information through restrictive covenants such as  covenants not to compete, confidentiality agreements, covenants not to solicit customers, and covenants not to solicit employees.  Depending upon our client’s needs and the requirements of the laws in a given jurisdiction, we often integrate such covenants into employment agreements for new hires and separation agreements upon termination.

When a former employee breaches a restrictive covenant, we aid our clients in enforcing these agreements using several tools, including cease and desist letters, and litigation.

Restrictive Covenants Victories

  • We successfully enforced a national client’s No-Solicitation Agreement before a New Jersey Trial and State Appellate Court. We obtained a preliminary injunction that not only prohibited solicitation of our client’s current employees, but also of employees who recently resigned.
  • We successfully defended our client against a claim for breach of a covenant not to compete filed with the American Arbitration Association in Connecticut. Through a novel legal theory, we convinced the arbitration panel to deny the plaintiff’s $2 million claim in its entirety, as well as award our client over $33,000 on a counterclaim.