Non-compete, non-solicitation and confidentiality

The non-compete, non-solicitation and confidentiality agreements are common in many jurisdiction; however, they are normally subject to certain special requirements of local laws. For example, in a number of jurisdictions the non-compete terms are enforceable, provided they are binding for a limited period of time following termination of the employment agreement and an employee is properly compensated for such limitations. Non-solicitation clauses prohibit the departing employees to solicit co-workers to leave employment of solicit employees of the current employer. Such arrangements can also be non-enforceable. Therefore it is important that non-compete and non-solicitations are drafted properly and parties avoid frustrating situations by agreeing on and including non-enforceable terms. 

In particular, our law firm provides a legal advice on the following matters:

• Assistance in negotiating the non-competition agreements: length, scope of non–compete arrangements, remuneration schemes for the non-compete covenants  
• Restrictions of entering into non-compete agreements
• Non-solicitation of employees and customers
• Preparation of internal policies on preservation of confidential information and trade secrets
• Advising on  legal aspects of internal investigations in relation to the theft or unauthorised disclosure of confidential information
• Enforcement of non-compete terms in courts
• Assistance in reporting to the law enforcement bodies regarding disclosure of trade secrets
• Assistance in the disputes regarding enforcement of non-competition and non-solicitation covenants