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January 27, 2020

Getting Ready To Seek Noncompete, Trade Secret Injunctions

By Bret A. Cohen, Jessica C. Jeffrey


Reprinted with permission from Law360

This article outlines the steps you should take while preparing for and conducting preliminary injunction hearings on behalf of plaintiff employers in breach of restrictive covenant and trade secret misappropriation actions. This article addresses federal law but notes key state law distinctions.

In the employment context, employers often seek injunctive relief against employees to obtain:

  • Enforcement of restrictive covenants such as noncompete and nonsolicitation agreements.
  • Surrender of improperly obtained confidential information and trade secrets.

The hearings in these cases give the court an opportunity to preserve the status quo while a determination on the merits is pending.

This article provides guidance for employers’ counsel in preparing for and conducting injunction hearings in such cases.