Litigation involving noncompetition agreements is fast-moving, high stakes, and often complex and technical. Noncompete lawsuits can be among the most challenging of all employment litigation.

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Overview

Litigation involving noncompetition agreements is fast-moving, high stakes, and often complex and technical. Noncompete lawsuits can be among the most challenging of all employment litigation.

Employers seeking to enforce noncompetition agreements typically face the prospect of critical employees joining competitive enterprises, with the potential for irreparably damaging key customer relationships, divulging closely guarded confidential information and/or trade secrets, and causing millions of dollars in damage.

For employees challenging their noncompetition agreements, the stakes are no less important.  Often the employee has risked a relatively stable career for new opportunities and, if enjoined from pursuing a profession or trade, faces ruinous personal economic consequences.

The complexity of the litigation is further fueled by wide variation in the controlling legal standards. Some states, such as California, generally refuse to enforce noncompetition agreements, regardless of the circumstances. Other states more readily enforce such agreements but to varying degrees and based on varying standards. When employees move between states, simply determining which state law applies can be difficult.

Finally noncompetition litigation often occurs in a radically shortened time frame, with emergency temporary restraining order hearings, early motions for preliminary injunctions, and dramatically reduced discovery deadlines. Careful strategic planning at the outset of such cases is critical to a clear-headed strategy that avoids unnecessary expense, while expeditiously achieving client goals.

Perkins Coie lawyers have extensive experience in handling noncompetition cases. Our lawyers have fought for, or against, some of the largest corporations in America, defending or attacking noncompetition agreements in a variety of industries and settings. With skilled and experienced lawyers in several of our offices, our Labor & Employment group can rapidly assemble a formidable litigation team to handle even the most rapidly moving litigation involving the most complex technical issues. Our lawyers routinely master the technical issues of our clients' businesses and guide the negotiation of noncompetition agreements.

Employers seeking to enforce noncompetition agreements typically face the prospect of critical employees joining competitive enterprises, with the potential for irreparably damaging key customer relationships, divulging closely guarded confidential information and/or trade secrets, and causing millions of dollars in damage.

For employees challenging their noncompetition agreements, the stakes are no less important.  Often the employee has risked a relatively stable career for new opportunities and, if enjoined from pursuing a profession or trade, faces ruinous personal economic consequences.

The complexity of the litigation is further fueled by wide variation in the controlling legal standards. Some states, such as California, generally refuse to enforce noncompetition agreements, regardless of the circumstances. Other states more readily enforce such agreements but to varying degrees and based on varying standards. When employees move between states, simply determining which state law applies can be difficult.

Finally noncompetition litigation often occurs in a radically shortened time frame, with emergency temporary restraining order hearings, early motions for preliminary injunctions, and dramatically reduced discovery deadlines. Careful strategic planning at the outset of such cases is critical to a clear-headed strategy that avoids unnecessary expense, while expeditiously achieving client goals.

Perkins Coie lawyers have extensive experience in handling noncompetition cases. Our lawyers have fought for, or against, some of the largest corporations in America, defending or attacking noncompetition agreements in a variety of industries and settings. With skilled and experienced lawyers in several of our offices, our Labor & Employment group can rapidly assemble a formidable litigation team to handle even the most rapidly moving litigation involving the most complex technical issues. Our lawyers routinely master the technical issues of our clients' businesses and guide the negotiation of noncompetition agreements.

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