Practice Areas

Unfair Competition, Trade Secrets and Employment Agreements

Mitchell Williams advises employers on navigating a quickly evolving technology environment, which affects an employer’s ability to recruit talent from competitors, retain talent, protect confidential business information and trade secrets, and establish safeguards against unfair competition.

We work closely with clients to develop policies and procedures which will both protect their intellectual property assets and allow them to compete for the best talent.

We advise employers on a full range of unfair competition and trade secrets issues, including:

  • Adoption of policies and procedures to protect a company’s trade secrets, as well as other proprietary and confidential information

  • Evaluation of an employee’s obligations to prior employers

  • Strategies for reducing their litigation risk when hiring employees from the competition

  • Education of employees about their contractual and fiduciary obligations to the employer

  • Adoption of post-employment restrictive covenants, to protect employer’s legitimate business interests in an enforceable way

  • Enforcement of employees’ legal obligations when there has been a breach

  • Separation agreements to reinforce pre-existing obligations or create new obligations for the departing employee

  • Defending clients in litigation when they are threatened by competitors, including in response to employee pirating attempts

  • Crafting, negotiating and enforcing agreements to protect customer and client relationships as well as proprietary information and trade secrets