Non-Solicitation / Non-Competition, and Agreements


Restrictive employment covenants – nondisclosure, non-competition, and non-solicitation agreements – have become commonplace as businesses seek to protect against the loss of information, customers, and even personnel when executives and other key employees leave for greener pastures.  As part of his business litigation practice, Jason has represented clients on both sides of the issue – businesses seeking to enforce the restrictions and employees subject to them. 

On the employee side, Jason provides counsel and advice on how to avoid violations of non-disclosure, non-solicitation, and non-competition agreements.  However, Jason has succeeded in avoiding threatened litigation against a client by investigating the matter and convincing the former employer that no violation had occurred.  He also settled a lawsuit brought against a former corporate officer by negotiating new and more permissive non-competition agreement. 

Jason’s representative engagements involving such matters include the following:

  • Representation of trucking company against former employee involving breach of restrictive covenants and diversion of client base to competitor.
  • Defense of former executive and owner of sheet metal fabrication company against claims that current business activity violated restrictive covenants in severance agreement.  
  • Defense of market research sales executive against claims that work with new firm violated restrictive covenants.  
  • Defense of former public relations executive against threatened lawsuit claiming violation of restrictive covenants.  
  • Representation of building supply company that hired salesperson subject to restrictive covenant obligations owed to former employer against claims asserted by former employer.