Preparing for Non-Compete Litigation (Published by the Practical Law Company)

Peter Steinmeyer, a Member of the Firm in the Labor and Employment practice and Co-Chair of the firm's Non-Competes, Unfair Competition, and Trade Secrets Practice Group, in the Chicago office, and Zachary Jackson, a Member of the Firm in the Labor and Employment practice, in the Chicago office, cowrote an article titled "Preparing for Non-Compete Litigation."

Following is an excerpt:

Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete (also referred to as a non-competition agreement or non-compete agreement).

It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can backfire if an employer is not prepared with sufficient evidence to support its request. This article examines certain key issues that employers should consider to position themselves for successful enforcement of a non-compete agreement.