Non-compete agreements are essential to protecting your company’s proprietary and commercially sensitive information, which may include valuable training methods, client lists, processes, sales and/or marketing methodologies from individuals or entities whom may have acquired your company’s confidential information or have been exposed to it either through an agreement, a transaction, employment or through discussions related to the purchase or sale of your business. Often, non-compete agreements are coupled with non-solicitation and/or confidentiality provisions or agreements which are also used to protect a company’s client list, confidential information or trade secrets.
A cause of action for breach of a non-compete, non solicitation or confidentiality agreement, usually signals that the person or entity who breached the agreement intends to use your company’s sensitive and confidential information for their own commercial or personal economic gain.
In these type of circumstances, it is important to act immediately in order to mitigate the possible harm that the person or entity is causing to your company and analyze whether you have enough evidence, not only to pursue a claim against the person, entity or third party aiding the person or entity, but also to immediately seek injunctive relief in order to stop the harm which is being done to your company during the proceedings.