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Parks, Chesin & Walbert lawyers have extensive experience negotiating, drafting, and litigating restrictive covenants including non-compete, non-solicit, and confidentiality/non-disclosure covenants, as well as other trade secret and unfair competition related disputes. We represent and advise companies and individuals on issues involving restrictive covenants, trade secrets, and other competition related litigation. We have have significant experience both enforcing and challenging these types of agreements in court, often through temporary restraining orders and interlocutory injunctions. Our lawyers also advise and represent businesses seeking to recruit individuals who may be subject to restrictive covenants. Representative matters include:

  • Convinced the Eleventh Circuit Court of Appeals that a district court erred in finding a large tax preparer’s non-competition agreement was too broad for enforcement (H & R block Eastern Enters., Inc. v. Morris, 606 F.3d 1285 (11th Cir. 2010).
  • Convinced a Gwinnett Superior Court to preliminarily enjoin enforcement of a non-competition covenant because the territorial restriction was not sufficiently defined at the time the agreement was executed.
  • Successful defense of a large healthcare provider against a competitor’s action seeking millions of dollars in damages and injunctive relief under a theory of that the client’s relationship with the plaintiff’s former medical director constituted tortious interference with the medical director’s non-compete agreement.
  • Successfully enforced a non-solicitation and non-competition covenant against one current and one former employee that had secretly formed a competing entity and were using confidential business information to compete unlawfully.
  • Successfully litigated several non-compete/non-solicitation cases in the medical device industry.
  • Negotiated a buy-out of two physicians’ non-compete agreements, thereby enabling them to work for a competing hospital.

Call us before you sign any agreement that contains restrictive covenants or if you need assistance in enforcing restrictive covenants.

 

Questions? Contact Us.