Enforcing the protection of company trade secrets, confidential information and restrictive covenants presents a particular challenge for courts, which seek to fairly balance two significant and countervailing goals: the encouragement of free trade and competition in the marketplace along with an individual's right to earn a living, against an employer’s legitimate interest in protecting its trade secrets as well as its time and expense in training and imparting skills and knowledge to its employees.

Fox Rothschild’s labor and employment attorneys are adept at quickly and effectively enforcing employer rights and helping clients sort through the often confusing standards issued by the courts on these matters. Whether filing an immediate application for an injunction, which can be heard by a court within a matter of days, seeking damages for a breach or entering into alternative dispute resolution, we provide timely recourse to secure our clients’ proprietary information. We also counsel employers on proactive steps that help ensure rights and secrets are protected. We also can provide advice when new employees are hired or when employees who have signed restrictive covenants depart.

Resources

Together with members of the firm’s Securities Industry Practice, we created a National Survey on Restrictive Covenants, a quick state-by-state reference guide on the rules and regulations regarding noncompete and nonsolicitation agreements as well as non-hire/raiding and other confidential information belonging to employers.