Intellectual property underpins the United States’ economy, and the most common source of intellectual property disclosures is employees. As a result, employers often require employees to sign restrictive covenant agreements that place restrictions on an employee’s ability to disclose confidential information and trade secrets, to solicit clients or employees, or to compete against the employer. These agreements often impose serious penalties on employees for violations, in addition to extremely expensive litigation.
Additionally, employees often owe a duty of loyalty to their employer, and pre-departure activity in contemplation of a future position may generate liability.
We routinely work with departing employees to assess the enforceability of their post-employment obligations to their prior employer and advise them on how to leave an employer in a manner that minimizes the risk of litigation.
We also regularly represent employees in litigation filed against them by a prior employer. Additionally, we have extensive experience in managing forensic discovery and remediations. If you have an issue involving trade secrets or restrictive covenants, please contact Alex Meier.