Trade Secret Attorney, Non-Compete Agreement Attorney

Michigan Non-Compete Laws | Our Attorneys Discuss Non-Compete Agreements

In this Traverse Legal Radio interview, Attorney Mark G. Clark discusses non-compete agreements relative to the employee and the employer in terms of its set up, reasonableness as to scope and what to expect in the event of litigation if an issue may arise.  Listen to or read the full transcript below:

Today’s non-compete law program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet law, Trademark infringement, Copyright Infringement, Cybersquatting, On-Line Defamation, Non-Compete & Trade Secret Law and Complex litigation. If you have a legal matter arising on the web, contact one of Traverse Legal’s internet lawyers today.

DAMIEN ALLEN:  Good afternoon and welcome to Traverse Legal Radio.  My name is Damien Allen here in studio A, and today we are on the phone with Mark Clark.  Mark litigates non-compete agreements with Traverse Legal, and we’re here to find out more about non-compete agreements.  Good afternoon Mark, welcome to the program.

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).

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: