Peter Steinmeyer, a Member of the Firm in the Labor and Employment practice and the Managing Shareholder of the firm's Chicago office, was quoted in an article titled "5 Questions to Ask Before Hiring a Competitor's Employee." (Read the full version — subscription required.)
Following is an excerpt:
With noncompete litigation on the rise, businesses looking to lure experienced staff away from a competitor must take steps to insulate themselves from exposure to costly lawsuits. ...
Because noncompete litigation is highly fact specific, attorneys say there are many different ways to deal with any contractual or common law obligations that an employee might have to his or her former employer, and it is up to the employer to select the best one.
"Every situation truly is different. The law in every jurisdiction is different, and the facts of each case are different," said Peter Steinmeyer, co-chair of Epstein Becker Green's noncompete, unfair competition and trade secrets practice group. "The risks and rewards are different, so every situation truly requires an individualized assessment." ...
It is also a good idea to have a handbook provision that prohibits the use or distribution of confidential information or trade secrets of third parties, according to Steinmeyer. ...
"It is important to instruct a recruit to be a 'good leaver,' meaning they should bring nothing with them either in paper or electronic form from their prior employer and should not solicit co-workers or customers until after the effective date of their resignation," Steinmeyer said.
