In today’s technological world, employees move from job to job quickly, with unparalleled ability to take confidential and propriety information with them. 

As it becomes less common for employees to spend their entire career with the same employer, it becomes easier for employees to take sensitive, confidential information with them as they depart to new companies.  Protecting your proprietary information and business relationships has never been more difficult or more important to maintaining a competitive edge.

The attorneys at Skoler, Abbott & Presser work closely with clients to draft post-employment restrictions that meet our client’s unique needs, while maximizing their likelihood of enforceability.  We also counsel clients on ways to secure their trade secrets and confidential information in order to protect customer relationships when key employees join a competitor. We frequently provide advice on the best approach for hiring an employee from a competitor to maximize competitive advantage within the boundaries of the law and minimize litigation risk. 

We routinely assist our clients to:

  • Identify and capture trade secrets and confidential information
  • Create and implement policies and procedures to physically and electronically protect trade secrets and confidential information
  • Modify, design, and implement effective agreements regarding non-competition, non-solicitation of customers, vendors, and employees, and confidentiality
  • Identify and investigate breaches or violations by current or separated employees
  • Address hiring concerns surrounding employees subject to restrictive covenants

When litigation is necessary, our attorneys aggressively enforce and defend these agreements for our clients, protecting their proprietary information when possible, and getting the best possible outcome when disclosures happen.  We will also work closely with clients to determine whether a settlement arrangement makes the most business sense.