When a current or former employee or business partner misappropriates trade secrets or breaches a restrictive covenant agreement, such as a noncompetition, non-solicitation, or nondisclosure agreement, the aggrieved party may often, depending on the jurisdiction, pursue injunctive relief and damages against the employee or business partner. Quantifying the damages to the business resulting from the breach of covenant can be challenging. The Defend Trade Secrets Act of 2016 provides additional avenues for seeking injunctive relief and damages for trade secret theft, as do individual state laws. Courts may double damages and award attorneys’ fees in the event of willful and malicious appropriation of trade secrets. Employers can also sometimes pursue damages from a former employee’s new employer for interference with the departing employee’s restrictive covenants. Companies face additional challenges when attempting to enforce restrictive covenants when some or all of the actionable conduct takes place outside the U.S. Listen as our authoritative panel discusses strategies and best practices for employers to pursue injunctive relief and damages against a current or former employee and/or his new employer following a trade-secret misappropriation, or a breach of a covenant not to compete, solicit, or disclose confidential information. Our panel will offer drafting strategies to give companies the most robust platform for enforcing their contractual and fiduciary rights.
Erik Weibust, Esq., Jesse Coleman, Esq.
July 19, 2021
Jesse Coleman, Esq.
Erik Weibust, Esq.