'Preparing For Non-Compete Litigation'

Author:Mr Brian Bialas
Profession:Foley Hoag LLP

I read an interesting article by Peter A Steinmeyer and Zach C. Jackson on the steps an employer should consider before filing a noncompete lawsuit. It's in a very useful format that lists bullet points under each item. I found it particularly interesting that the authors noted that sending a copy of a "cease and desist" letter to the new employer can come with risks. A "cease and desist" letter is a letter that an employer might send to the former employee before filing a lawsuit to remind the employee of his contractual obligations and to threaten a lawsuit if he does not stop violating them. As Steinmeyer and Jackson note, if a copy of that letter is sent to the new employer and is somehow inaccurate or the employee is...

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