The laws relating to restrictive covenants and trade secrets are complex and can vary greatly depending on the state or country in which the employee works or in which the employer is located. A choice of law or forum selection clause in the agreement may determine the enforceability of an employee’s non-competition, non-solicitation, and trade secret obligations. Often, local laws will trump an agreement if the foreign country in which an employee lives or works does not enforce these restrictions or limits them in geographic or temporal scope. Outten & Golden attorneys work with lawyers and law firms globally in order to advise and protect its clients from agreeing to overbroad restrictions, or from being enjoined or sued for accepting new employment or soliciting clients or employees of the former employer. Outten & Golden attorneys also work with multinational executives who may want to move as a team within different countries worldwide. We work with these executives in "lift out" situations to prevent employee liability or to shift the liability through indemnification agreements.
(*Prior results do not guarantee a similar outcome.)