Thomson Reuters Practical Law has released the 2021 update to “Preparing for Non-Compete Litigation,” a Practice Note I co-authored with Zachary Jackson.
See below to download the full Note – following is an excerpt:
Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a noncompete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can backfire if an employer is not prepared with sufficient evidence to support its request. This Note discusses the steps an employer can take to best position itself for successful enforcement of a non-compete and the strategic considerations involved with initiating non-compete litigation.
In particular, it discusses:
- Best practices for investigating a suspected violation and gathering relevant evidence.
- Key steps for evaluating the likelihood a court will enforce a non-compete.
- Factors to consider before initiating legal action.
- The options for enforcing a non-compete through legal action and the key decisions relevant to each option.