Trade Secrets and Restrictive Covenants
When an employee changes employers, and especially if the new employer is a rival or competitor of the old employer, there is always the risk that the old employer will assert that the employee has misappropriated a trade secret or violated a restrictive covenant. In such situations, we defend employees who have been sued for breach of contract or misappropriation of trade secrets. In connection therewith, we conduct, coordinate, and/or assist with investigations to identify the specific misappropriation or violation that the former employer is asserting and we help our clients defend against such allegations by identifying and asserting any and all factual and legal defenses to which they may be entitled, such as the non-existence of a trade secret, defects in the underlying employment contract, or the excessive scope of the restrictive covenant in terms of duration and/or geography.
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