Restrictive Covenants

GDCR’s team of litigators represent business owerns, employers and employees in restrictive covenant disputes, including sale agreements, confidentiality agreements, noncompete, non-disclosure, non-solicitation and notice, i.e. garden leave, provisions.

GDCR’s litigators are adept at handling these complex matters which involve several different disciplines, including trade secrets, employment law, compensation issues, claims for employee raiding and breaches of fiduciary duty. With a wealth of knowledge and experience in a variety of highly-regulated industries, our litigators stay focused on our clients’ business goals while working to minimize legal risk.

In aggressively defending or prosecuting cases, our litigators work with our clients to ensure minimal business interruption as we resolve disputes. We successfully prosecute and defend cases in numerous industries, including financial services, technology, engineering, architecture, accounting and sales, and in numerous jurisdictions, including a multitude of Federal and State Courts across the United States and Canada, a variety of arbitration forums, and in front of Federal, State and SRO regulatory agencies. In addition to thorough representation, we engage in active risk assessment, working with our clients to seek an outcome that fits with their business goals.

In addition to decades of experience in litigating restrictive covenant cases, our restrictive covenant litigators assist employees in their transition to a new employer or in starting a new entity while minimizing litigation risk. Our attorneys work to advice transitioning employees on how to leave their current employer without running afoul of the restrictive covenants contained within their employment agreement. Our attorneys also work quickly once an employer begins taking steps toward litigation by working on behalf of the employee to mediate disputes before litigation even starts or aggressively defending an employee in litigation from overreaching on the part of the employer.

Our team also helps employers limit the fallout from departing employees, identifying the various types of restrictive covenant violations, obtaining and preserving evidence and conducting forensic examinations to determine whether and to what extent our clients’ contractual rights have been violated. By acting quickly to address violations of restrictive covenants, potentially including legal action and injunctions, our litigators are able to identify the issues and protect our clients’ contractual rights.

GDCR attorneys understand just how delicate the dissolution of employer-employer relationship can be and we strive to ensure that clients’ rights are protected. Our attorneys use their knowledge and experience to resolve these disputes through negotiation, arbitration, mediation or trial.