Lead Attorneys: F. Skip Sugarman

Current economic conditions have caused a significant increase in the use of restrictive covenants, such as non-compete, non-solicitation and confidential-information agreements, and consequently in restrictive covenant litigation. Businesses are increasingly looking to the courts to address issues arising when employees, clients or proprietary information is threatened.

Representing employers and highly compensated executives, our attorneys understand the complexities involved in restrictive covenant disputes and the challenges and sensitivities when trade secrets or business reputations are at risk. Many factors must be carefully weighed in determining the appropriate legal strategy.

We have represented businesses seeking to hire employees who are subject to overbroad or oppressive restrictive covenants, as well as employees facing claims that they are unfairly competing with their former employers or have violated their non-compete agreements.

Additionally, we help in the review, draft and negotiation of non-compete, non-soliciation and other restrictive covenants.

Recent Wins:

• Negotiated Departure of Highly Successful Executives Facing Post-Employment Covenants
  Negotiated the departure of several highly successful insurance executives from their prior employer and successfully resolved issues regarding post-employment covenants.
• Preemptively Sought Judicial Determinations Regarding Enforceability of Restrictive Covenants
  In numerous cases, preemptively sought judicial determinations regarding the enforceability of restrictive covenants on behalf of employers seeking to hire key employees subject to such covenants.
• Successfully Defended Alleged Violation of Restrictive Covenants
  Successfully defended, and ultimately settled on favorable terms, a former high-level executive in the package industry from multi-million dollar claims regarding the alleged violation of restrictive covenants.