When used appropriately, non-compete agreements can serve a legitimate business purpose — to ensure those employees who access a company’s sensitive information do not misuse it to assist a competitor. But many non-competes and similar agreements, such as non-poaching and non-solicitation agreements, are overbroad in terms of duration and geographic scope. And many others are improperly aimed at employees who have no access to proprietary information. Such agreements may constitute unreasonable restraints on trade and could expose employers to antitrust liability.
We have experience successfully litigating and resolving disputes concerning non-compete, non-solicitation, and non-poaching agreements. Where possible, we will seek to resolve these disputes between the parties without resort to the courts. But where that fails, we are prepared to litigate the validity of any such agreements.