Restrictive Covenants

Restrictive covenants, such as non-competition agreements, non-solicitation agreements, non-disclosure agreements, and the like, are important tools that businesses may use to protect their business information and business relationships. Many businesses spend significant time and resources to develop key employees, intellectual property, data bases, trade secrets, beneficial relationships, and other valuable business advantages that give them a competitive edge. Businesses have a keen interest in remaining viable in their respective industries by protecting this confidential and important business information.

Increasingly, restrictive covenants are under attack by legislatures as governments pass legislation to standardize outcomes. Certain restrictive covenants, like non-competition agreements between businesses and employees, are actively disfavored by courts and must be carefully crafted to ensure validity. Indeed, it is becoming increasingly important that all types of restrictive covenants are carefully and meaningfully drafted to ensure they are valid and enforceable. In all restrictive covenants the definition of the protected information or prohibited conduct should be clear.

Additionally, potential harm and available remedies should be specifically delineated. Fee shifting provisions should be in place to ensure that the cost of enforcing the agreement is not prohibitive.
Businesses are increasingly under pressure to employ only well-crafted restrictive covenants to maintain the competitive advantages they worked to achieve. We craft restrictive covenants that allow businesses to protect their important confidential business information. We also advise employees, executives, and professionals on the enforceability of the restrictive covenants that may govern them, providing expert consultation on the meaning and effect of these clauses within their contracts.