Non-Competition & Restrictive Covenants

Overview

O’Hagan Meyer’s Non-Competition & Restrictive Covenants team helps companies protect their most valuable business assets—employees, confidential information, and customer relationships—while navigating an increasingly complex and evolving legal landscape governing workforce mobility. Combining practical, business-focused counseling with experienced, rapid-response litigation, we help clients prevent disputes, compete for talent, and enforce their rights when conflicts arise.

Our lawyers advise employers across industries on designing, implementing, and maintaining enforceable restrictive covenant and trade secret strategies that align with their business objectives. We draft and tailor non-compete, non-solicitation, confidentiality, and employment agreements to maximize enforceability across jurisdictions and develop comprehensive protection programs that include policies, training, and internal controls. Our lawyers conduct risk assessments to identify vulnerabilities in workforce mobility and data access and counsel clients on compliance with the array of state laws and heightened regulatory scrutiny regarding restrictive covenants.

We provide real-time guidance in the situations that most often create exposure, including hiring employees subject to restrictive covenants, structuring onboarding processes to minimize risk, managing employee departures, and addressing employee raiding, team lift-outs, and customer solicitation issues. Experienced on both sides of these disputes, we readily identify practical strategies that help clients avoid litigation where possible and position them for success when disputes are unavoidable.

We represent employers in state and federal courts nationwide in rapidly securing temporary restraining orders and preliminary injunctions, as well as in enforcing and defending non-compete and non-solicitation agreements, trade secret misappropriation, unfair competition, and breach of fiduciary duty claims.
Our approach integrates restrictive covenant enforcement with broader trade secret, cybersecurity and data protection, and information governance strategies. We work with clients to safeguard confidential information through coordinated legal, operational, and technical measures, including forensic investigation and e-discovery when misappropriation is suspected.

Grounded in a deep understanding of the industries we serve and the competitive pressures our clients face, O’Hagan Meyer delivers clear, actionable guidance that helps companies protect their enterprise value, maintain stability, and compete effectively in highly competitive and dynamic markets.

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Please note that no attorney-client relationship is formed unless and until we agree upon and execute a written retention agreement. Until that time, we are unable to act on your behalf or protect your legal interests.