Practice Areas & Industries: Constangy, Brooks, Smith & Prophete, LLP


Trade Secrets and Noncompetition Law Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group

Practice/Industry Group Overview

Drafting covenants not to compete; nonsolicitation agreements; confidentiality and nondisclosure agreements; assignment of invention agreements; working with employers to develop trade secret protection programs; prosecuting and defending claims for breach of noncompete agreements and trade secret misappropriation; client counseling in all areas of noncompetition and trade secret law to help companies protect legitimate business interests against unfair competition wherever it might occur.

Protecting the competitive business interests and confidential business information of a company is one of the fastest-growing areas of intellectual property law outside of traditional patent, copyright and trademark concerns. 

Contrary to popular belief, noncompete and confidentiality agreements are enforceable – but the burden truly is on the employer drafting and implementing those agreements to do it right.  Simply stated, unfair competition law is a minefield of unique challenges for companies, especially those with multi-state operations since noncompete and trade secret issues are governed almost exclusively by different state laws.  What works in one state might not work in another given different legal standards.  This heightens the need for companies to make sure that they properly draft, execute and enforce noncompete and confidentiality agreements with different state laws in mind, and that the varying strategies for enforcing and defending unfair competition claims are tailored for specific situations to best achieve the company’s legitimate business interests.

Our lawyers are highly experienced in the particular nuances of this dynamic area of law, where practical and legal strategies often merge in ways that require great flexibility and creativity in litigating trade secret and noncompete agreement claims.  With offices across the country, Constangy is situated to help any employer with trade secret and unfair competition issues. 

Areas of focus within our trade secret and noncompetition practice group include at least the following:

  • Drafting noncompete, nonsolicitation and confidentiality agreements
  • Counseling clients in the proper execution and enforcement of these agreements
  • Developing and implementing trade secret protection programs
  • Representing clients in all areas of noncompete and trade secret litigation, from cease & desist letters to temporary restraining orders, preliminary injunctions and jury trials