Companies in a variety of industries turn to FordHarrison for advice in complying with a wide range of unfair competition regulations.
We have a broad understanding of the state and federal laws pertaining to unfair competition and the protection of trade secrets, and how these laws shape the business conduct of companies currently doing business, or intending to do business, throughout the United States.
Protecting Trade Secrets and Data Privacy: Our attorneys frequently litigate emergent injunction applications to stop the misappropriation of trade secrets, obtain the return of stolen corporate data, and secure temporary and permanent injunctive relief to protect what is often the most prized asset of your business.
Restrictive Covenants and Employment Agreements: Whether creating post-employment obligations from scratch or updating or modifying your company’s existing agreements to conform to current applicable laws, our attorneys have extensive experience crafting:
- noncompete agreements,
- nonsolicitation agreements,
- confidentiality agreements,
- non-disclosure agreements,
- no-hire agreements, and
- executive agreements.
Recruiting Counseling: Hiring an individual with post-employment restrictive covenants is fraught with risk. Partnering with our attorneys at every step before, during, and after the recruiting process helps minimize that risk through the use of litigation-tested:
- interview protocols and recruiting ground rules,
- offer letters and indemnity agreements,
- onboarding and screening procedures,
- resignation best practices,
- review of enforceability issues related to applicant’s restrictive covenants and provide recommendations related to proceeding, not proceeding or limitations on proceeding with offer, and
- drafting communications to applicants regarding restrictive covenant compliance expectations.
Litigation Avoidance: Some hiring disputes can be resolved pre-suit through targeted negotiations. Our lawyers routinely resolve these disputes through a variety of case-specific solutions designed to achieve corporate objectives and minimize costs.
Business Litigation: Our litigators are trial lawyers admitted to practice in state and federal courts throughout the country, including all federal appeals courts and the U.S. Supreme Court. Collectively, they have successfully tried scores of matters involving the enforcement or defense of restrictive covenant and other business litigation claims including:
- misappropriation of confidential information and trade secrets,
- breach of noncompete, nonsolicitation, confidentiality, and non-disclosure agreements,
- unfair competition,
- tortious interference,
- breach of fiduciary duty and employee duty of loyalty,
- violations of the federal Uniform Trade Secrets Act, Stored Communications Act, Computer Fraud and Abuse Act, and their state law equivalents,
- violations of the Defend Trade Secrets Act, including civil seizure of stolen company property,
- violations of the False and Deceptive Trade Practices Act, Lanham Act claims, and claims for unfair competition, and
- shareholder, partnership and member separation litigation.
If you would like us to prepare a proposal to assist your company with your labor and employment law needs, please contact clientservice@fordharrison.com.