Preparing for Non-Compete Litigation | Practical Law

Preparing for Non-Compete Litigation | Practical Law

A Practice Note describing the steps an employer can take to prepare to successfully litigate a non-compete action, the primary options for enforcing a non-compete agreement, and the strategic decisions involved with each option. This Note discusses gathering evidence, assessing the enforceability of a non-compete, considerations before initiating legal action, cease and desist letters, seeking declaratory judgments, damages, and injunctive relief, and potential remedies available under the Defend Trade Secrets Act (DTSA). This Note is jurisdiction neutral. For information on state law requirements, see State Restrictive Covenants Toolkit, Non-Compete Laws: State Q&A Tool, and Trade Secret Laws: State Q&A Tool. For a 50-state comparison of non-compete laws and requirements generally, see Quick Compare Chart: State Non-Compete Laws.

Preparing for Non-Compete Litigation

Practical Law Practice Note 3-516-9469 (Approx. 39 pages)

Preparing for Non-Compete Litigation

by Peter A. Steinmeyer, Epstein, Becker & Green, P.C., and Zachary C. Jackson, with Practical Law Labor & Employment
MaintainedUSA (National/Federal)
A Practice Note describing the steps an employer can take to prepare to successfully litigate a non-compete action, the primary options for enforcing a non-compete agreement, and the strategic decisions involved with each option. This Note discusses gathering evidence, assessing the enforceability of a non-compete, considerations before initiating legal action, cease and desist letters, seeking declaratory judgments, damages, and injunctive relief, and potential remedies available under the Defend Trade Secrets Act (DTSA). This Note is jurisdiction neutral. For information on state law requirements, see State Restrictive Covenants Toolkit, Non-Compete Laws: State Q&A Tool, and Trade Secret Laws: State Q&A Tool. For a 50-state comparison of non-compete laws and requirements generally, see Quick Compare Chart: State Non-Compete Laws.