Practice Areas & Industries: Schuyler, Roche & Crisham, P.C.

Practice/Industry Group Overview

A KEY DYNAMIC WHEN CREATING AND ENFORCING RESTRICTIVE COVENANTS? PROTECTION VS. PREVENTION

In a business climate where economic interests can eclipse personal or corporate ethics, organizations large and small are beginning to recognize the importance of preventative action -- of hiring experienced attorneys to draft and enforce restrictive covenants to protect their human resources and intellectual assets. Preserving business relationships and proprietary knowledge, our attorneys at SRZ caution new clients, is paramount if a company is to thrive in today's increasingly competitive commercial landscape.

Services Available

Over the last 20 years SRZ has developed substantial experience representing a major Wall Street brokerage firm regarding national recruitment matters, restrictive covenants, confidentiality agreements and their enforcement. Although this alliance prohibits SRZ from representing other broker-dealers, we are well suited to serve any organization outside the securities and commodities industry that can benefit from proprietary protection and enforceable covenants, any company eager to discourage unlawful competition and employee raiding. As coordinating counsel of this leading brokerage house for more than six years, we know the value of proactive management. Accounting, consulting and insurance are just some of the industries to which we have transferred our experience and adapted our knowledge of the financial markets. We have applied compatible skills when serving manufacturers, medical businesses, design professionals and employment search firms.

A National Presence, A History of Performance

Experience confirms that restrictive covenants, such as non-solicitation and non-compete agreements, are meaningful only when enforceable. That is why the span of years we spent assembling a national network of attorneys who know the law and how to apply it is an indisputable asset. Together, SRZ and the colleagues we supervise share strategies and pleadings we have -- and will -- activate on any one client's behalf. This nationwide presence allows us to respond quickly in nearly any locality.

Two of our attorneys, for example, joined forces in Dallas to win an arbitration agreement in just four days. The case, filed and completed in less than three weeks, demanded on behalf of a client compensation from two former employees who, before defecting to a competing firm, breached their restrictive covenants, disseminated trade secrets and disparaged the client. SRZ secured injunctive relief and damages exceeding half a million dollars -- including $250,000 in punitive damages for outrageous behavior. In terms of time, this case, which went to arbitration within two weeks of the employees' defection, is not the exception. SRZ strives for timely hearings before a judge or arbitrator.

Speed and Mobility

Today, with more and more employment agreements including arbitration clauses, retaining a law firm experienced in securing temporary restraining orders, negotiating pretrial resolutions and resolving disputes in court or other fora becomes a critical business need. Skilled before judges and arbitrators, SRZ regularly drafts and defends restrictive covenants, unlike the plethora of law firms that perform this work on an occasional basis. To comprehend our success to date, consider our special expertise in the financial markets and related arenas beside our knowledge of the critical players nationwide in these industries.

Any company concerned about losing trade secrets or key members of its sales force to a competitor will benefit from SRZ's expertise in drafting and enforcing restrictive covenants. Prompt settlement remains our stated goal for every client.

Foreign Languages Spoken by SRZ Attorneys Handling Restrictive Covenants:

French, Polish and Spanish