Thomson Reuters Practical Law has released the 2023 update to “Preparing for Non-Compete Litigation,” co-authored by Peter A. Steinmeyer, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Chicago office.
The Note describes the steps an employer can take to prepare to successfully litigate a non-compete action, the primary options for enforcing a non-compete agreement, and the strategic decisions involved with each option. It discusses gathering evidence, assessing the enforceability of a non-compete, considerations before initiating legal action, cease and desist letters, seeking declaratory judgments, damages, and injunctive relief, and potential remedies available under the Defend Trade Secrets Act (DTSA). This Note is jurisdiction neutral.
Following is an excerpt (see below to download the full article in PDF format):
- Best practices for investigating a suspected violation and gathering relevant evidence.
- Key steps for evaluating the likelihood a court will enforce a non-compete.
- Factors to consider before initiating legal action.
- The options for enforcing a non-compete through legal action and the key decisions relevant to each option.