Restrictive covenant agreements present both companies and professionals with complex issues in employee mobility matters. We help our clients understand restrictive covenants, such as non-competes, non-solicitation, non-poach, and confidentiality ("NDA's"), as well as unfair competition and theft of trade secrets, to ensure they maintain a competitive edge.

Tarter Krinsky & Drogin’s Restrictive Covenant Practice advises both companies and professionals on restrictive covenant issues, guiding clients on how to best meet their business goals while proactively managing their risk. Providing clients with strategic counseling and a tailored approach, our team drafts and advises on existing or new agreements and regularly litigates these matters when necessary.

We represent corporations experiencing the departure of employees, companies who are hiring employees from competitors, and executives changing jobs on all aspects of restrictive covenant agreements. Our team works across industries, including technology, professional services, financial services, banking, accounting, and executive recruiting.

Our group regularly handles:

• Advising clients in real-time throughout the employment process on potential issues regarding an agreement. This includes before a business hires a competitor’s employee who is bound by a restrictive covenant, as well as before discharging an existing employee whose contract contains these covenants.
• Drafting, negotiating, and revising employment, confidentiality, and asset purchase agreements, including replacing “boilerplate” contract language with customized industry or employee-specific clauses to protect clients’ business if agreements are violated.
• Establishing best practices protocol and “rapid response” tactics when an employee or former employee is suspected of violating a restrictive covenant or misusing confidential information.
• Prosecuting, defending, and resolving litigation involving restrictive covenants and other obligations, such as the taking and misuse of confidential information, an employee’s duty of loyalty, and unfair competition.
• Mitigating risk by advising executives transitioning between old and new employers on how to comply with existing obligations concerning information.
• Negotiating agreements with new employers, including sequencing the end of employment and commencement of new employment.