Preparing for Non-Compete Litigation

Practical Law - The Journal: Litigation

Peter A. Steinmeyer, Managing Shareholder of the firm's Chicago office, and Zachary C. Jackson, a Member of the Firm in the Labor and Employment practice, wrote 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 Practice Note examines the steps an employer can take to best position itself for successful enforcement of a non-compete and the strategic considerations involved with initiating non-compete litigation. This Note is jurisdiction neutral.