"You should start a blog," they said. "It will help you build your law practice," they said. "It will be fun," they said! Let's hope "they" are right on all three counts! So away we go ...
What is "Non-Compete Counsel?" It is a place for sharing information and ideas in the area of non-compete and trade secret law. The Wall Street Journal reported in August that non-compete litigation has increased by 60% in the last decade. 60%! That's a tremendous jump. And it's a good indication of what's happening in the economy: we have become a transient workforce, rarely staying in the same job or with the same employer for long.
The law in this area is easy to state, but very difficult to apply. The facts always, always matter. The very same non-competition agreement could be ratified in one court and shot down by another because of something as simple as the territory to which a departing salesperson is assigned at their new job. What may seem like a slam-dunk of a trade secrets claim can become a tricky proposition if employers miss even one step in adequately preserving the secrecy of their company's information before a departing employee leaves.
And so this is where a lawyer like me can actually provide value! In this place, I will demonstrate the pitfalls many businesses find themselves in when they seek to protect their interests through a non-compete agreement or in a trade secrets situation. I will discuss relevant case law on these topics. And I will tell my own war stories. I've won some and I've lost many (any lawyer who tells you otherwise is a liar!). But in each case is a lesson and I'm happy to share those lessons with you.
Drop me a line sometime if you have a question. I look forward to taking this journey with you!