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Non-Compete/Trade Secret

When a company discovers that a former employee is using proprietary information, time is of the essence. The trade secret litigation team at Babst Calland can quickly seek an emergency injunction to protect our clients’ rights. Our firm also defends former employees and their new employers against such claims.

We also counsel clients in ways to avoid costly lawsuits, whether they be from theft of trade secrets or violation of non-compete agreements. When litigation is inevitable, we help our clients approach it from a position of strength.

This includes:

  • Drafting and reviewing employment agreements to ensure the enforceability of non-compete provisions.
  • Performing trade secret audits to assist clients in both identifying and properly protecting their proprietary and confidential information.
  • Advising clients and their new hires to avoid or minimize their exposure to claims by former employers.
  • Developing business procedures and best practices to enforce a client’s rights by minimizing the risk of harm from a departing employee.
“An organization is often powered by its confidential information, methods and relationships. A business should carefully evaluate its restrictive covenants, including non-compete agreements, signed by departing employees to determine if the employee’s new role will put the company at risk through a violation of the restrictive covenant or through the potential use of the organization’s trade secrets.”

– Steven B. Silverman

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