Burr & Forman’s Non-Compete and Trade Secrets service group comprises litigation and transactional attorneys throughout the firm’s Southeastern footprint.
The group’s members are focused on the representation and counseling of businesses in connection with all types of unfair competition issues, including those involving non-compete, non-solicitation, and non-disclosure agreements, and employee raiding, trade secrets, and employee loyalty. Our attorneys have years of experience in these areas and are often called upon to write articles, present seminars and comment in the media. We stay up-to-the-minute on news and developments relating to non-compete and trade secrets law, and apprise our clients and the public of such through our blog, located at noncompetetradesecretslaw.com.
In today’s competitive and mobile employment landscape, almost all types of businesses require our group’s expertise and services. Accordingly, the group’s attorneys have represented banks, financial services companies, consulting firms, technology companies, medical practices, insurance companies, media and publishing businesses, franchisors, and a wide variety of sales-oriented businesses. The services we provide to our clients include the following:
Drafting Non-Compete Agreements
The key for employers in preventing unfair competition by a departing employee is to have a comprehensive and effective non-compete agreement for executive-level, sales and other employees with access to customers and/or confidential information. Depending on a client’s particular needs and goals, these agreements will often have provisions addressing all or some combination of the following: non-competition; confidentiality/non-disclosure; non-solicitation of customers; return of employer property; trade secrets protection; non-recruitment of employees; and ownership of intellectual property.
The law governing these types of agreements is state-specific, so it is crucial for employers to have their non-competes drafted by an attorney well-versed in the relevant law of the state where an agreement will need to be enforced. Our multi-state coverage uniquely allows us to work together to customize our clients’ non-compete agreements to satisfy the particular requirements of the states in which our clients do business. Furthermore, these agreements are rarely “one size fits all”, and the depth of knowledge of our non-compete attorneys allows us to work with each client to tailor an agreement that will be enforceable and protect the client’s valuable business interests.
Counseling on Non-Compete and Trade Secrets Issues
In addition to drafting non-compete agreements, the firm’s non-compete & trade secrets attorneys spend a lot of time counseling with clients on other ways to employ best practices in protecting a business valuable customer relationships and business information. Such counseling often involves working with a client to understand the nuances of the business in order to help the client develop policies and procedures for better protecting its trade secrets and other confidential information. Our attorneys also assist clients with general employee on-boarding and exit strategies geared toward avoiding disputes involving non-compete and trade secrets issues, as well as getting involved with specific new or departing employees for the purpose of resolving unfair competition issues before they flare up into litigation.
Litigation and Alternative Dispute Resolution
Often, litigation simply cannot be avoided in a non-compete or trade secret dispute. In that event, our litigators are prepared to move fast to ascertain the pertinent facts, secure an injunction to protect the client’s customer relationships and confidential information, and move to a judgment for damages if necessary. Similarly, our attorneys are equally adept at defending against non-compete and trade secrets claims when a client’s needs necessitate such representation.
Burr's Non-Compete & Trade Secret group includes attorneys licensed to practice in all state and federal courts in Alabama, Georgia, Tennessee, Florida, Mississippi, and multiple other states, along with significant experience in FINRA arbitrations and other forms of alternative dispute resolution. We pride ourselves on staffing each dispute in the most cost-effective manner to ensure that the client achieves the best possible outcome for a reasonable fee.
