Employment Agreements & Non-Compete Clauses

Employment Agreements: Restrictive Covenants, Including Non-Disclosure, Non-Competition, Non-Solicitation, Confidentiality & Trade Secrets

Dean Mead successfully represents businesses, employers, employees, and independent contractors in all aspects of the relationship governed by employment agreements, including non-compete clauses, non-solicitation provisions, and non-disclosure agreements, as well as terms regarding non-disparagement, the confidentiality of proprietary and trade secret information, and other promises.

Our attorneys have achieved favorable results helping employers compose legally compliant contracts, litigating on behalf of employers, employees and independent contractors who have suffered harm, drafting social media guidelines addressing issues created by today’s technological age, and much more.  Further, through partnership with firms in other states and countries, Dean Mead attorneys regularly assist businesses, employers, employees, and independent contractors regarding their obligations with respect to employment agreements and restrictive covenants in many jurisdictions.

Our experienced team stands ready to assist in all aspects of creation and maintenance of top-notch employment agreements and enforcement and defense of restrictive covenants, including in the following areas.

Contract Drafting & Review and Revision of Existing Employment Agreements

Companies of all sizes and in all industries rely on Dean Mead to: (1) draft employment agreements combining legal efficacy with practical workplace needs; and (2) review and update employment agreements for compliance with every facet of the law while ensuring the broadest protection available. Written to reflect the most recent trends in state and federal case law, examples of successful employment agreement drafting, review and revision by Dean Mead attorneys include:

• Revision of employment agreements obtained from the internet containing unenforceable non-disclosure agreements, non-compete clauses, and other restrictive covenants to be compliant with the laws and regulations relevant to the employer.
• Amendment of employment agreements to comply with newly passed laws and regulations, such as the 2016 Defend Trade Secrets Act, to ensure continued enforcement of the contract and protection of confidential, proprietary, and trade secret information.
• Preparation of original employment agreements with inclusion of terms protective of employers to provide broad based protections often not included by others such as tolling provisions, provisions for recovery of non-taxable costs, collection of attorneys’ fees for the determination of the reasonableness of attorneys’ fees and costs, waiver of a jury trial, venue selection clauses, choice of law provisions, liquidated damages provisions, social media restrictions and guidelines, and more. 
• Composition, review, approval, and revision of employment agreements used by both target businesses and acquiring companies in mergers and acquisitions.

Enforcement of Employment Agreements

Whether a violation of an employment agreement warrants a cease-and-desist letter or necessitates litigation, Dean Mead attorneys effectively assist clients with the resolution of such disputes. Results are achieved both amicably and through aggressive advocacy in litigation where appropriate, including obtaining injunctive relief, monetary damages, punitive damages, liquidated damages, attorneys’ fees and costs, pre- and post-judgment interest, and/or other relief deemed just and appropriate by the courts. Illustrations of Dean Mead’s past successes include:

• Obtained injunctions and monetary judgments against former employees who breached non-disclosure agreements, non-compete clauses and other employment agreements and tortiously interfered with former employers’ business and contractual relationships.
• Composed effective cease and desist letters to former employees and their new employers regarding improper solicitation of clients, destruction of company goodwill, and theft of confidential, proprietary and trade secret information.
• Negotiated settlement agreements including stipulated injunctions, payment of monetary damages, and other restrictive covenants against employees who violated non-compete clauses through the formation of competing entities and/or diversion of former customers.
• Created policies for businesses to ensure compliance with employment agreements, including non-disclosure, non-competition, non-solicitation, and confidentiality clauses.

Employee & Independent Contractor Representation

While Dean Mead often represents an employer’s enforcement of employment agreements, we also provide high-quality services to employees, independent contractors and new employers defending against the enforcement of non-disclosure agreements, non-compete clauses, and other employment agreements. Having a wealth of experience derived from analyzing disputes over the enforcement of employment agreements from every angle possible, we are well-equipped to both enforce and defend disputes regarding restrictive covenants, as evidenced by the following successful representations of employees and independent contractors:

• Defend employees and independent contractors responding to overreaching cease and desist letters sent by companies improperly trying to prohibit competition when no legitimate business interest supported enforcement of a restrictive covenant.
• Instruct new employers, former employees and independent contractors regarding post-employment obligations with respect to confidential, proprietary, and trade secret information under the inevitable disclosure and threatened misappropriation doctrines.
• Advise executives regarding their rights during the acquisition of companies and their obligations to the acquiring business upon entering into a new employment agreement.

Social Media Guidelines & Emerging Technologies

In the digital age, every company must ensure that its employment activities, including the provisions in its employment agreements and published social media guidelines, keep pace with rapidly evolving technology to afford the highest level of protection possible to the assets of the business, including confidential, proprietary and trade secret information. Likewise, employees and independent contractors must understand both their rights and post-employment obligations on the internet, including on company websites, Facebook, Twitter, LinkedIn, Instagram, and other emerging platforms. Dean Mead attorneys successfully help employers and employees navigate evolving technologies through:

• Advice regarding acceptable post-employment activities on the internet, including company websites and social media outlets.
• Feedback regarding post-employment internet and social media activities violative of non-disclosure agreements, non-compete clauses, and other restrictive covenants found in employment agreements.
• Creation of social media guidelines for use in employment agreements to prohibit employees and independent contractors from competing and soliciting and diverting clients and customers through the internet.

Successful Services to a Multitude of Industries

Dean Mead attorneys can successfully provide employment agreement services to businesses, employers, employees and independent contractors in a myriad of industries, including, without limitation: accommodations, accounting, advertising, aerospace, agriculture and agribusiness, apparel and accessories, arms, auto, banking, beauty and cosmetics, biotechnology, chemical, child care, clothing, commercial, communications, computers, construction, consulting, consumer products, contracting, death care, distribution, education, electronics, employment, energy, engineering, entertainment and recreation, environmental, equipment, extermination and pest control, fashion, financial services, fishing, fitness, food and beverage, fur trade, gambling, gaming, health, hospitality, information, information technology, insurance, investments, journalism and news, landscape, lawn care, leather-making, manufacturing, media and broadcasting, medical care and treatment, medical devices and supplies, metal-working, military, mining, motion pictures and video, music, natural resources, nuclear, non-profit, petroleum, pharmaceutical, photography, plastics, plumbing, public administration, public relations, publishing, pulp and paper, real estate, recycling, remodeling, repair and maintenance, rentals, retail, safety, security, services, shipping, space and spaceflight, sports, steel, technology, telecommunications, textile, timber, tobacco, tourism, toy, transportation, travel, utilities, vehicles, video games, and web-based services.