Restrictive covenants — noncompetition agreements, nonsolicitation provisions, confidentiality obligations, and similar clauses — are a routine feature of employment and business relationships. But when a dispute arises over them, the stakes can be significant: a former employee’s livelihood, an employer’s legitimate business interests, or the integrity of a company’s client relationships and proprietary information may all be on the line.
These agreements are not automatically enforceable. Courts scrutinize noncompete provisions in particular, and in many jurisdictions will only enforce them if they are narrowly tailored to protect a recognized business interest and do not impose an unreasonable burden on the departing employee. The legal landscape has also been shifting, with increased regulatory and legislative pressure on noncompetes at both the state and federal level. Other covenants — such as confidentiality and nonsolicitation obligations — are generally treated more favorably, though they too can be contested.
Ford O’Brien Landy LLP represents both employers seeking to enforce restrictive covenants and employees or executives contesting them. We understand the urgency these disputes often carry — injunctive relief is frequently sought, and the window for action can be short. Our attorneys have experience litigating these matters in court and reaching negotiated resolutions that protect our clients’ core interests.
Contact us to learn how we can help.
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