Sean W. Colligan 816.691.3384e-mail| vCard
Unfair competition by current or former employees is increasingly prevalent. Success in today's service industries often requires an employer to allow its employees to establish significant relationships with customers. Today’s technology permits employees access to and easy transfer of confidential company information. These factors enhance an unfaithful employee's ability to exert significant influence over customers, misappropriate sensitive information and unfairly compete against the employer. Effective enforcement of noncompetition and nondisclosure agreements is more essential than ever to an employer's commercial success.
Practice Overview Stopping unfair competition by former employees requires proactive planning and prompt and effective response. Our attorneys have significant experience litigating temporary restraining orders, preliminary injunctions and permanent injunctions in state and federal courts throughout the country. We stand ready to enforce our clients' restrictive covenants and assert related causes of action. We are familiar with the substantive law of these areas and with state and federal procedural law relating to temporary restraining orders and preliminary injunctions. We have also established relationships with computer forensics firms capable of promptly analyzing computer hard drives, ascertaining whether electronic information has been accessed or downloaded, and preserving the evidentiary integrity of the hard drive's information. Scope of Service Our litigators regularly represent employers on both sides of unfair competition issues by: Drafting restrictive covenants in compliance with applicable state law Analyzing the restrictive covenants of potential new employees and structuring their employment to minimize litigation risks Litigating noncompetes in state and federal courts Litigating nonsolicitation agreements in state and federal courts Litigating nondisclosure and confidentiality agreements in state and federal courts Litigating employee invention agreements in state and federal courts Litigating statutory claims, such as those under the Uniform Trade Secrets Act, state electronic data transfer acts, and unfair business practices acts Litigating common law causes of action, such as tortious interference with contractual relations, tortious interference with business expectancies, misappropriation of trade secrets, the inevitable disclosure doctrine, breach of fiduciary duties and breach of duties of loyalty Defending against the inevitable counterclaim filed by former employees subject to restrictive covenants Our clients include both national and international corporations, many with territorial sales representatives subject to differing state laws concerning restrictive covenants. The clients we serve come from diverse industrial and geographic areas. Of Note We have more than 20 attorneys who litigate noncompetition and related agreements. Our attorneys are noted for their proficiency in this area and have presented seminars on the subject. More About Employment & Labor Law / Employee Benefits
Stopping unfair competition by former employees requires proactive planning and prompt and effective response. Our attorneys have significant experience litigating temporary restraining orders, preliminary injunctions and permanent injunctions in state and federal courts throughout the country. We stand ready to enforce our clients' restrictive covenants and assert related causes of action. We are familiar with the substantive law of these areas and with state and federal procedural law relating to temporary restraining orders and preliminary injunctions. We have also established relationships with computer forensics firms capable of promptly analyzing computer hard drives, ascertaining whether electronic information has been accessed or downloaded, and preserving the evidentiary integrity of the hard drive's information.
Our litigators regularly represent employers on both sides of unfair competition issues by:
Our clients include both national and international corporations, many with territorial sales representatives subject to differing state laws concerning restrictive covenants. The clients we serve come from diverse industrial and geographic areas.
We have more than 20 attorneys who litigate noncompetition and related agreements. Our attorneys are noted for their proficiency in this area and have presented seminars on the subject.