Restrictive Covenant Agreements – One Size DOES NOT Fit All – Part 1 of 3

Every business has information that is integral to its success and guarding the use of that information by current and former employees is crucial to protecting a company’s confidential assets and/or client connections. Employers use many types of Restrictive Covenant Agreements to protect that information, but one size does not fit all when it comes to these agreements and properly crafting them.
Restrictive Covenant Agreements can be vital to a business’s success, however, they must be drafted and executed with care. Overly broad agreements or agreements carried out without proper counsel may invite judicial scrutiny or be deemed unenforceable.  Further, one must always keep damages in mind. While many employment agreement cases start with a request for injunctive relief, they can result in significant monetary damages, which must be considered before continuing to a litigation process.
Kirsten McCaw Grossman, Head of Restrictive Covenants, leads NFC’s practice group that counsels and represents business and executives in a variety of industries.
In this Part One of a Three-Part Series, Kirsten will cover the following:
  • When you should and shouldn’t bring a lawsuit.
  • Procedure in bringing a lawsuit/injunctive application.
  • Remedies.

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