Trade Secret Attorney, Non-Compete Agreement Attorney

The Importance of Knowing Your Judge in Non-Compete Litigation

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

 

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.

Importance Of Knowing Your Judge In Non-Compete Litigation

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.

A Nationwide Increase in Non-Compete Litigation

Commentators around the country are noting a rise in litigation seeking the enforcement of non-compete agreements.  Employers are more willing to litigate the enforcement of their non-compete agreements in challenging economic times in order to protect their legitimate business interests.  The other trend being noted in non-compete litigation is that judges are seemingly more sympathetic to the employee in a period of ultra-high unemployment.  In many cases, judges will have displayed a history concerning their attitudes toward enforcement of non-compete agreements.

You should consider the following factors when assessing whether to engage in non-compete litigation in the current climate:

Recent Court Trends in Enforcement of Non-Compete Agreements

Recently, there has been a flurry of articles discussing how the recent downturn in the economy has affected the enforcement of non-compete agreements.  Generally, the current discussion among lawyers and other professionals is that the downturn in the economy is spurring a flurry of non-compete litigation.  Employers must be more competitive are more willing to litigate to enforce a non-compete agreement to retain its advantages in a competitive marketplace. 

An additional sentiment among commentators is that judges are becoming more sympathetic to employees because the economic climate has caused such a sharp rise in unemployment.  Because judges are provided the task of assessing whether a non-compete is reasonable under the circumstances in many states, sympathy for person who in many cases must support a family in a dwindling job market, is a compelling reason for judges to side with the employee.

Non-compete Attorneys: Recent Non-Compete Issues across the World Wide Web

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning non-compete issues. Here is this week's round-up:

IMB Sues Its Ex-Employee for Leaving for Apple
By masum
But the former International Business Machines Corp. executive mark papermaster claimed that his move to Apple inc. to oversee development of its iPod and iPhone devices doesn’t violate a non-compete agreement he signed at IBM. ...

Papermaster Countersues To Escape IBM's Legal Hounds
But in a Thursday US District Court filing, Papermaster's lawyers argued that the scope of IBM's non-compete agreement is overly broad and that Apple and ...

Non-Compete Agreements - Striking the Right Balance
By Iula
One of the trickier agreements that companies must deal with is the Non-Compete Agreement, simply because the document needs to strike the right balance between protection and freedom. The non-compete agreement is a written...

Million Dollar Verdict in Michigan for Violation of Non-Compete Agreement

As Reported in the Macomb Daily Newspaper (Mt. Clemens, MI)

Retired auto dealer awarded $3 million on violation of non-compete by his daughter.

This case demonstrates the presumption of validity of non-compete agreements or non competition agrements in Michigan and that juries are willing to enforce and have potential to generate large verdicts.

Non-Compete Agreement & Trade Secret Attorneys: The Employer Perspective

Non-Compete Assessment For Employers:  If you are an employer and are looking to draft, upgrade or enforce a non-compete agreement, aslo known as a non competition agreement, our attorneys can help you define a strategy which provides the greatest return on your legal dollars.  Developing a non-compete agreement or non competition agreement is the easy part. Designing a strategy which enhances the likely enforecement of your agreement in court and protects your trade secrets should be your most important business goal. Especially in this difficult economic climate, the large number of employee layoffs and terminations make is cost prohibitive to drag every employee who violates their non-compete or discloses trade secrets into court. Wouldn't it be better to put a system in place which drastically improved employee compliance with their non-compete agreements?  Our attorneys can help your company understand you to protect its assets - on a flat fee defined deliverable basis - in the following areas: 

• Drafting or updating non-compete, trade secret and patent/invention agreements which will stand up in court.
• Developing a process and audit chain to ensure that each important employee has signed a non-compete contract and, as importantly, understands their non-compete obligaitons
• Designing and updating your trade secret and invention protection internal process.
• Enforceing your non-comepte agreements against employees by threat letter or litigation if ncessary.
• helping your company understand its options and providing attorney recommendations regarding risks and strategies.  

 As importantly, we can provide you the guidance and advice you need within a budget that works for you. Don't be penny wise and pound foolish.  Contact a non-compete attorney today by calling 866.936.7447 (toll free) or sending us an email describing situation.

Attorney Mark Clark and the Traverse Legal team have included some resources below to help your company understand the intricacies of non-competition agreements and trade secret issues:

What is a Non-Compete, Non-Solicaiton and Trade Secret Agreement? A non-compete agreement is an agreement signed by an employee or contractor where he/she agrees that they will not engage in certain employment within a certain geographic area for a certain period of time after they quit or are fired. A non-solicitation contract is an agreement signed by an employee or contractor where he/she agrees that they will not contact and/or solicit an employer's customers and/or remaining employees for a certain period of time after they quit or are fired. Trade secrets are docuemtns and information owned by the company which provide competitive advantage. 

This article will address non-compete, trade secret and non-solicitation agreements from the employers point of view.

Non-Compete Agreements: A Primer on non-compete, non-solicitation and trade secret protection

Companies need to protect their trade secrets, confidential information and intangible property.  Non-compete, non-solicitation and trade secret agreements are important devices which can help increase company protection against misappropriation of trade secrets.  In general:

1. the broader the non-compete clause, the less enforceable it is;
2. the more an employee has access to confidential information or trade secrets, the more enforceable it is;
3. additional compensation paid for a non-compete clause makes a non-compete  more enforceable (although no additional compensation may be necessary at all).

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.