Non-Compete And Restrictive Covenant Disputes
Restrictive covenants, such as non-compete, non-solicitation, and anti-poaching clauses, are a special area of contract law. These clauses are simultaneously of vital importance to companies, and disfavored by the courts. Laws vary jurisdiction to jurisdiction, industry to industry, and position to position. The firm has experience and an excellent success record in dealing with such cases.
Clients should also be cognizant of this special area of law when entering into agreements with restrictive covenants in the first place. Improperly drafted restrictive covenants are essentially unenforceable; many others are enforceable, but damages are unobtainable. These clauses should be drafted to fit a given situation, with extreme care. The firm’s transactional department works with the firm’s litigation department to keep up with this active, developing area of law, and to ensure the greatest chance of enforceability.