Do you need a Top Bethesda Business Litigation Lawyer?
When drafted properly and with care, restrictive covenants in the employment context serve to protect legitimate interests of employers, such as safeguarding trade secrets, proprietary data and other confidential information. Many courts have become increasingly skeptical about non-competes and other restrictive covenants in the employment context because of their impact on the ability of former employees to find a job. Our attorneys know the ins and outs of non-compete agreements and other restrictive covenants, and how to either attack or defend them in court. We have litigated many such cases on behalf of both employees and employers, giving us a depth of knowledge that not only translates well to the litigation context, but also to counseling clients on how to draft or modify such agreements to protect the company’s interests and enhance enforceability.
If your company is in need of a trusted business litigation attorney in and around Bethesda MD, call us at Brown | Gould | Kiely. Our founding partners have represented small to medium businesses for more than 20 years. The Brown | Gould | Kiely team has a profound understanding of restrictive covenant legislation and legal standards.
As a business litigation attorney in Montgomery County , we know how to write effective non-compete agreements. If drafted with care after due diligence and thorough research, such an agreement can accomplish all of the following:
- Protect a company’s trade secrets
- Protect proprietary data
- Preserve confidential information
One of the difficulties is that non-compete and other restrictive covenants are increasingly challenged in court, and subsequently ruled invalid. Current thinking among many on the bench is that such agreements place an unfair burden on former employees in their search for new employment.
- Non-compete and other restrictive covenant agreements should not be overly broad. They should not leave any doubt as to what they cover, nor should they make unreasonable demands on the employee that might prevent them from finding a new job.
- The geographical restrictions placed on the employee should not be unreasonable. For example, the employee should not be prevented from working in the same or a similar industry anywhere in the world. A local or regional focus is acceptable, though for certain specialized industries there may be exceptions.
- The time restrictions placed on the employee should not be unreasonable. For example, one year is acceptable, but ten years after separation of employment is not reasonable.
Such agreements should be narrow in focus to protect the company’s business interests and assets, but not take advantage of the employee.
Our attorneys at Brown | Gould | Kiely know how to write restrictive covenants that protect a company’s assets, and also stand up in court. Call us to discuss your needs and how we may be of assistance. When you need a business litigation attorney Bethesda MD firms rely on to get the job done right, consider Brown | Gould | Kiely.
When Litigation Becomes Necessary
Though we make every effort to settle cases in advance of them going to court, sometimes litigation is unavoidable in order to protect a client. Our attorneys’ extensive experience with non-compete agreements and other forms of restrictive covenants, are often advantageous in court.
In litigation proceedings, Brown | Gould | Kiely attorneys have represented employers as well as employees. This depth of experience has provided us with unique insight into what makes a successful written agreement ,as opposed to one that falls apart in court. When you are considering hiring a business litigation attorney Bethesda MD provides, choose one who will be a formidable opponent in or out of the courtroom.
Contact BGK Today for a Business Litigation Lawyer Bethesda MD can count on!
At Brown | Gould | Kiely, we do not charge for an initial consultation. Though we will not offer legal advice during the consultation, it will be an opportunity to learn how we might best represent your firm. If you would like to speak with a business litigation attorney Bethesda MD businesses think of first, call Brown | Gould | Kiely today.