Overview

Burr & Forman has licensed litigation and transactional attorneys throughout the firm's Southeastern footprint that represent and counsel businesses in connection with all types of unfair competition issues, including those involving non-compete, non-solicitation, and non-disclosure agreements, and employee raiding, trade secrets, and employee loyalty.

Our attorneys represent manufacturers, financial services companies, consulting firms, technology companies, medical practices, insurance companies, media and publishing businesses, franchisors, and a wide variety of sales-oriented businesses.  The services we provide to our clients include the following:

Counseling on Non-Compete, Non-Solicitation, & Trade Secrets Issues

Our team counsels clients on methods to employ best practices in protecting a business's valuable customer relationships and business information. Such counseling often involves working with a client to help develop policies, procedures, and employee agreements for better protecting its trade secrets and other confidential information. Our attorneys assist clients with general employee on-boarding and exit strategies geared toward avoiding disputes involving non-compete, non-solicitation, and trade secrets issues, as well advising on strategy for communicating with departing employees for the purpose of resolving unfair competition and trade secrets issues before they flare up into litigation.

Drafting Non-Compete, Non-Solicitation, and Non-Disclosure Agreements

We assist employers in preventing unfair competition by current and formers employees in drafting comprehensive non-compete, non-solicitation, and non-disclosure agreements for executive-level, sales, and other employees with access to customers and/or confidential information.

These agreements address all or some combination of the following:

  • Confidentiality/non-disclosure
  • Non-competition
  • Non-recruitment of employees
  • Non-solicitation of customers
  • Return of employer property
  • Trade secrets protection
  • Ownership of intellectual property

The law governing these types of agreements is state-specific and, therefore, it is crucial for employers to have agreements drafted by an attorney well-versed in the relevant law of the state where an agreement will need to be enforced. Our multi-state footprint allows us to work together to customize our clients’ agreements with employees to satisfy the particular requirements of the states in which our clients do business. We work with each client to tailor agreements that will be enforceable and protect the client’s valuable business interests.

Litigation & Alternative Dispute Resolution

 Should litigation be unavoidable, our team of litigators is prepared to move fast to ascertain the pertinent facts, secure an injunction to protect the client’s customer relationships and confidential information, and move to a judgment for damages if necessary. Our attorneys are equally adept at defending against non-compete, non-solicitation, and trade secrets claims when a client’s needs necessitate such representation.

For up-to-the-minute updates on news and developments relating to non-compete and trade secrets law, visit our non-compete and trade secrets blog.

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