Tighten Up Those Non-Competes!

I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative. The primary goal of the dispute is to obtain a preliminary injunction — quickly — to stop someone from working. That means obtaining, organizing, and presenting an entire lawsuit worth of evidence in just months or weeks.

As the proponent, the company seeking the injunction must convince a judge that it will likely prevail on the merits, i.e., that the individual defendant(s) violated their agreement(s). That starts with having an enforceable restrictive covenant agreement.

Which can be easier said than done.