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Employee Defection and Trade Secrets

Overview

Departing employees might step out of line and leave with your trade secrets or other crucial information. They might violate the terms of restrictive covenants. That’s why you need lawyers dedicated to protecting employers from the dangers of employee defection.

The Fisher Phillips Employee Defection and Trade Secrets Practice Group concentrates our practice on issues surrounding employee defection, employee recruitment, and trade secrets protection. As the economy becomes more technology-based and information-driven, and it becomes easier for departing employees to steal massive amounts of critical data on their way out the door, issues of trade secrets and unfair competition have become an increasingly important part of modern business.

Protection of Assets and Information
We draft restrictive covenant agreements and implement policies designed to protect your competitive assets, placing a particular emphasis on those that will cover multiple states. We counsel on the creation of company-wide programs to protect against the legal risks associated with employee defection and recruitment, and draft employment agreements and policies on a national basis. We have first-hand knowledge of how courts are interpreting and enforcing agreements during litigation, and consequently bring a practical and pragmatic eye to the drafting process.  

Hiring From Competitors
Your company is at risk when it hires from competitors. You might wonder whether your new employee has a restrictive covenant and whether it is enforceable. You might be concerned that the new employee will bring along someone else’s trade secrets to your workplace. We can help assess exposure from a potential new hire and develop procedures to mitigate risks presented by hiring employees from competitors.

Litigation Enforcement and Defense
We litigate high-risk matters involving restrictive covenants and trade secrets issues across the country, including covenants not to compete, non-solicitation agreements, unfair competition and employee raiding claims, duty of loyalty matters, and various statutory actions. These matters frequently include emergency applications for injunctive relief; we are accustomed to rapidly deploying to initiate or defend temporary restraining order actions in any location with little advance notice.

Click here to read the Non-Compete and Trade Secrets Blog.

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