Attorneys at Rubenstein Business Law undertake litigation arising from allegations of restrictive covenant violations (non-compete) and unauthorized disclosure of trade secrets. We represent both business clients and individuals in such matters and provide effective advocacy, drawing upon our firm's many years of experience handling a broad range of business litigation.

 

Theft of confidential information often occurs when an employee with access to information such as client lists, trade secrets, trademarks, market research, product development and design, business plans and/or pricing information leaves the company to join or work for a competitor. Modern technology makes it increasingly easy to capture and disseminate this information.

 

Anytime an employer loses a key employee the company's internal business strategies, initiatives, customer base and goodwill are in jeopardy. Without the proper mechanisms in place, departing employees could use this knowledge to gain an unfair competitive advantage.

 

Similarly, if a company extends an offer of employment to an individual at a competing organization, it may be at risk of breach of contract and/or other violations and subject to litigation. There are steps a company can take in advance of hiring an employee to reduce the likelihood of unwanted conflict.

 

If a departing employee misappropriates a company's proprietary information or intends to divert its hard-earned customer relationships to a competing organization, the threat to the company's reputation, customer base and financial livelihood is real, immediate and could prove to be serious. Our attorneys help clients retain their critical business assets and competitive advantages.

If a misappropriation of proprietary information occurs, or an employee has accepted employment in violation of a restrictive covenant, time is of the essence. Our attorneys will uncover improper conduct or develop evidence and, when necessary, pursue litigation to recover damages and enforce existing restrictive covenants and other agreements.

 

Likewise, we defend our clients who, upon hiring an employee from a competing organization, may be sued for breach of contract or misappropriation of trade secrets. Our attorneys have a wealth of experience enforcing and defending contractual agreements before arbitration panels, in mediation, and in state and federal courts throughout the country.

 

Our cases have involved issues around construction design, chemical formulas, computer software, processing methods, sales and marketing strategies, pharmaceuticals and piracy of clients and customers of all types of businesses. When representing employers, we seek to enforce restrictive covenants and non-compete agreements that protect businesses from unfair competition. When representing employees, we undertake to help them achieve their goals, whether those goals involve working for a competitor or forming a new business in the employer's industry. We have received many favorable decisions on behalf of clients in this area and a number of our cases have resulted in published opinions.

 

We invite you to contact our attorneys to discuss your legal needs. Whether you are seeking assistance with a business start-up or hoping to improve an existing company's profits, our lawyers can help.

Non-Compete/Trade Secret Litigation