Companies face tougher challenges than ever before. Competition over talent gives workers greater mobility and incentives to move from job to job. Professionals increasingly work remotely, sometimes across state and international borders. Employees, contractors, vendors and customers gain access to more and more corporate data and technology. Intellectual property and trade secrets, from customer lists to recipes and proprietary processes to financial data, give companies competitive advantage.
Altogether, these factors add up to amplified vulnerability for data breaches, theft and exposure of valuable trade secrets, as well as poaching of customers and employees. Offit Kurman knows how hard you have worked to build your business, so we work diligently to help you protect it, negotiating, drafting and enforcing contractual obligations between businesses and their employees, suppliers, distributors and business partners.
The attorneys in the Restrictive Covenants practice work collaboratively with firm Business, Commercial Litigation, Intellectual Property and Employment lawyers, as well as those with relevant industry knowledge, to negotiate, draft and enforce contracts that include the appropriate restrictive covenants allowed by state and federal law to protect your business interests.
This hybrid team provides auditing services focused on the identification and protection of trade secrets, pre-litigation counseling on restrictive covenants and confidentiality agreements, enforcement of employment agreements, and defense of restrictive covenant claims. When a matter leads to litigation, we offer sophisticated legal strategies for addressing the complex business tort and intellectual property claims that often accompany restrictive covenants and trade secret protection litigation.
Employment Contract Covenants
We help employers and key executives draft, negotiate, implement and enforce policies and agreements related to all manner of restrictive covenants, including nondisclosure and confidentiality, non-solicitation and noncompete agreements, where they are permitted.
Trade Secret Protection
Our audit team will identify your trade secrets and review current measures taken to protect valuable proprietary information and customer relationships. We will work alongside your organization’s senior management and leadership team to develop, interpret and enforce organizational trade secret policies and procedures, putting your company in the best position possible should the need for an enforcement action arise.
Internal Investigations
If a privacy incident or breach occurs, Offit Kurman will ensure you respond in a timely, compliant and cost-effective manner. Our lawyers — some of whom have served as regulators, corporate in-house counsel, privacy officers and law enforcement — know the ins and outs of conducting internal investigations, as well as how to develop internal investigation standards.
Trials, Claims and Disputes
Offit Kurman’s attorneys help companies move and respond to pre-trial motions, such as temporary restraining orders, preliminary injunctions, cease and desist letters, and tortious interference notices. We have successfully represented clients in mediation, arbitration and settlement negotiations. When litigation is unavoidable, our trial-ready attorneys work diligently to bring the case to a swift and conclusive end, fighting for your rights every step of the way.
