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Non-Compete and Trade Secrets Blog

Posts tagged injunctive relief.

On Feb. 24, 2017, at the University of Denver, come join Fisher Phillips attorneys and a prominent of practitioners and state and federal judges at the first ever conference on the new Defend Trade Secrets Acts (DTSA), which became effective in mid-2016.

The Georgia Supreme Court recently ruled that if a defendant has returned all of the confidential information at issue, then a continuing injunction is not warranted.

Previously, we have written about the Top Ten Things to do When an Employee Resigns to Join a Competitor and the Top Ten Mistakes Made by Departing Employees. Given the favorable feedback, we continue with the following Top Ten Things to Consider When Drafting a Non-Compete Agreement.

Every now and then, non-compete and trade secret plaintiffs conclude that the need for relief is so urgent that a temporary restraining order should be granted before the defendant is given notice of the suit. A recent federal court decision illustrates the danger is requesting such one-sided relief.

If an injunction is going to be effective,a party must be able to determine precisely what acts are forbidden or required.

Can employees avoid preliminary injunctions because they are not as wealthy as their employers? A recent federal court decision says “No.”

A Philadelphia County state court judge recently issued a preliminary injunction in favor of a law firm against a former associate enforcing a 60-day notice provision. In doing so, the Court ruled that the former associate could not work elsewhere for 60 days and could not solicit his former employer’s clients. If the decision is upheld and/or followed by other courts, it provides ammunition for employers to argue that notice provisions are not tantamount to non-competes.

Many employers with offices or employees located in multiple states use the same non-compete/confidentiality agreement in each state in which they do business. Typically, the form of the non-compete/confidentiality agreement originated in the employer’s home state, and the employer went on to use this same agreement wherever the employer does business. However, these employers may find out too late that a non-compete/confidentiality agreement enforceable in their home state may not be enforceable in another state.

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