Enforcing a Restrictive Covenant Agreement

I. Initial Case Assessment

A. What to Do at First Notice of a Problem

When a former employee resigns and joins a competitor, emotions often run high, allegations are made and worse case scenarios are anticipated. Often, the departure is a surprise and comes with little or no notice. The employer will want action and results. As legal counsel, one of the most important tasks will be to quickly and accurately assess the developing facts, develop a cohesive legal strategy and ascertain what the client's desired business objectives are. As the early stages of this type of litigation often determine the final outcome, it is imperative that counsel be prepared to mobilize quickly, efficiently and effectively.