Protecting Your Company's Competitive Advantage

This 40-page research report written for company employers features strategies for protecting a company's confidential information. The author demonstrates how careful planning and upkeep of a restrictive covenant can reduce exposure to risk and increase competitive advantage. The report uses court cases to map the legal precedent of restrictive covenants and related items while simultaneously providing examples of companies' past successes and failures in protecting themselves from employees. The steps proposed in this report are meant not only to help the employer form a more effective restrictive covenant, even before the hiring of an employee, but more importantly, to better protect its competitive advantages.

Other topics include:

• confidentiality obligations
• due diligence on prospective employees
• background checks
• trade secrets
• types of restrictive covenants
• drafting restrictive covenants
• broadly drafted restrictive covenants
• assignment and successor clauses
• geographic scope of a non-compete
• venue and forum selection clauses
• savings clauses
• liquidated damages clauses
• attorney's fee provision
• injunction clauses
• arbitration
• the Blue Pencil rule
• step-down provisions
• activity restrictions
• Computer Fraud and Abuse Act
• non-solicitation clauses
• golden handcuff arrangements
• forfeiture-for-competition agreements
• corporate raiding
• exit interviews
• agreed-upon restriction
• severance payments
• litigation

This Executive Report is written by Paul E. Starkman, Partner and Chair, Labor and Employment Law Practice Group Arnstein & Lehr LLP

About Executive Reports:

Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.