Restrictive Covenant and Trade Secret Misappropriation Claims: Key Initial Considerations and Tips for Seeking TROs, Preliminary Injunctions, and Other Relief
Summary
This practice note provides guidance on the substantive and procedural considerations involved in pursuing legal action to protect employer trade secrets and enforce restrictive covenants against former employees. For employers, restrictive covenants have become a vital tool for protecting confidential information, trade secrets, client goodwill, and other important business interests. Just as vital is knowing how to effectively protect those interests through litigation if necessary. Successfully suing to enforce restrictive covenants or recover for trade secret misappropriation (or both) requires a coherent litigation strategy and careful consideration of numerous procedural and substantive issues throughout the lawsuit.