In Part I, I examined the court’s March 2025 opinion in TK Elevator Corporation v. Drzewiecki, which granted injunctive relief on TKE’s claim for breach of a restrictive covenant but denied relief on its trade secret claims for lack of specificit…
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Employers often view restrictive covenants like insurance—a protective measure you hope never to need, but that helps you sleep at night. Their real value, though, is measured not when they are signed, but when they are tested in practice. That tes…
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We live in a data-driven and informational world. It is no surprise, then, that for many companies, the most valuable asset is information. Think customer lists, pricing strategies, internal business processes, and proprietary technology. This inform…
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You took the right first step: you worked with counsel and required your employees to sign carefully drafted restrictive covenant agreements. That first step protects your business—on paper. But when an employee leaves and you suspect they are viol…
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The Federal Trade Commission’s recent decision involving Rollins, Inc., one of the nation’s largest pest control companies, provides an important reminder for employers that non-compete agreements must be used sparingly, drafted carefully, and na…
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Employers rely on restrictive covenants to protect their legitimate business interests, such as confidential information and client relationships. But what happens when these restrictions go too far? Do employers lose all protection afforded by their…
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Restrictive covenants are important tools for protecting client relationships, confidential information, and competitive positioning. But in recent years they have faced increased scrutiny—particularly non-competes—exposing businesses to unnecess…
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Employers invest significant time and resources in hiring and training employees, developing clients, and designing proprietary business information. Because of this significant investment, employers need tools to protect their business interests, cl…
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Remote and hybrid work are here to stay, and with them come new challenges for employers managing teams across state lines. While flexibility broadens access to talent, it also introduces a patchwork of compliance obligations that can expose employer…
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On October 18, 2024, the Federal Trade Commission (FTC) officially filed an appeal to the U.S. Court of Appeals for the Fifth Circuit, challenging a district court ruling that struck down the agency’s proposed ban on most noncompete agreements. Thi…
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