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Matt: Hi, it’s Matt Plessner, and welcome back to Trademark Law Radio. Today’s subject is non-compete litigation and the importance of knowing your Judge. To talk with us about that today, we welcome back Attorney at Law Mark Clark from Traverse Legal Office of Traverse City, Michigan. Mark, it’s nice to have you back.
Mark: Good morning, Matt.
Matt: Well, good morning to you. Let’s start off by talking about what is non-compete litigation, Mark?
Mark: Well Matt, non-compete litigation is the situation where, either as an employer or an employee, a lawsuit is initiated concerning what we call a non-compete agreement. A non-compete agreement is an agreement signed by an employee, where the employee agrees for a period of time and in a geographic region not to offer competitive goods or services to a competitor for a period time. These are popular tools anymore for employers to be able to protect some of their business interests, client and customer lists, as well as trade secrets, in the event they lose an employee to a competitor. When the employee leaves, if the employee ends up at a competitor, often times if there is a non-compete in place and the employee persists in their employment with the competitor, we end up with non-compete litigation.