Trade Secret Attorney, Non-Compete Agreement Attorney

Michigan Non-Compete Law | MI Statute Re Enforcability of Contracts

Concerned about Michigan non-compete laws?  It is the public policy of Michigan as embodied by statute to enforce reasonable non-competition provisions in employment contracts.  According to Michigan law, non-compete agreement is enforceable provided it is reasonable with respect to duration, geographical area, and line of business it seeks to limit. Employer's legitimate business interest that will justify restrictive covenant in employment contract must be something greater than mere competition, since prohibition on all competition is in restraint of trade; to be reasonable, restrictive covenant must protect against employee gaining some unfair advantage in competition with his employer but not prohibit employee's future use of general knowledge or skill.
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M.C.L.A. 445.774a   (Michigan Compiled Laws Annotated )

Chapter 445. Trade and Commerce:   Michigan Antitrust Reform Act (Refs & Annos)

445.774a. Agreements not to compete; application

Sec. 4a. (1) An employer may obtain from an employee an agreement or covenant which protects an employer's reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination of employment if the agreement or covenant is reasonable as to its duration, geographical area, and the type of employment or line of business. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court may limit the agreement to render it reasonable in light of the circumstances in which it was made and specifically enforce the agreement as limited.

(2) This section shall apply to covenants and agreements which are entered into after March 29, 1985.
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If you have a question concerning this statute or its applicaiton to you or your business, you should contact an attorney. 

Michigan Non-Compete Agreements, Confidentiality Agreements and Non-Solicitation Agreements

Attorney Mark Clark: "We live in a highly competitive world where highly paid executives and business persons  gain access to corporate trade information and knowledge, customer lists and other proprietary information.  Unlike prior times, these executives and other employees are highly mobile, moving between companies and jobs, even between competitors. Michigan courts and the Michigan legislature have recently tried to deal with the realities of our 21rst century marketplace in dealing with the enforceability of non-compete agreements."

 

If you have an issue involving non-compete agreements, confidentiality agreement,  trade secret theft, customer list theft or breach of fiduciary duties by corporate mangers, officers or owners, our lawyers can provide you the legal advice you need to fully protect your rights. Contact us today at 866.936.7447 (international toll free) or send us an email for a no-risk consultation.

 

In Michigan, the validity of non-compete agreements is governed by section 4a of the Michigan Antitrust Reform Act, a statute passed by the Legislature in 1987, as well as the many cases interpreting that statute. Together, the statute and the case law set forth the parameters defining those agreements that are enforceable and those that are not.  The statute seeks to strike a compromise between the protection of an employer’s competitive business interests and an employee’s right to earn a living. As such, courts interpreting non-compete agreements focus their analysis in four areas:

Non-Compete, Trade Secret & Confidentiality Litigation & Negotiation

We are a Law Firm Specializing In Non-Compete Agreements, Trade Secret Law, Customer List Litigation. Our team is positioned to provide the representation and legal advice which will ensure you understand your legal rights, with offices in Detroit, Michigan and Traverse City Michigan and Los Angeles, California.

Our lawyers have handled complex cases involving millions of dollars in alleged damages, taking several cases to trial on behalf of national and international corporations.  Our non-compete and trade secret attorneys have advised employees, managers, owners and employers in the negotiation of non-competition contracts and helped companies protect their valuable intellectual and intangible property rights. In many instances, immediate injunctive relief is both appropriate and necessary to stop unlawful behavior before customers are lost or the unlawful behavior irreparably harms company interests.

Managing Partner Enrico Schaefer: "Traverse Legal's attorneys know non-compete and trade secret law and pride themselves on advanced litigation techniques which are both cost-effective and budget oriented.  When it comes to technology, there are very few firms that can match our capabilities. Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals. "

If you have an issue involving non-compete agreements, trade secret theft, customer list theft or breach of fiduciary duties by corporate mangers, officers or owners, our lawyers can provide you the legal advice you need to fully protect your rights. Contact us today at 866.936.7447 (international toll free) or send us an email for a no-risk consultation.