Our first step is to review the candidate’s agreement and determine whether the covenant is enforceable. We look for provisions that are problematic and those that may be workable and negotiable. We assess the risk of litigation against the potential rewards from the hire. We counsel on the mechanics of the hire, advising on how the candidate’s transition should unfold, including how the hire should behave, how to navigate the inevitable exit interview, and what to say or disclose to the former employer. We investigate, analyze, and strategize to fully inform the client’s decision, not dictate it.
The candidate’s hire is the client’s goal; however, competing internal concerns often exist, like the concerns of general management and human resources. Our goal is to empower clients to move forward, not become unraveled by disparate views. We talk with personnel, hear their concerns, and create solutions that satisfy across the board.
We present viable settlement options to the client, including representations and warranties, limited “no hire” agreements, and non-solicitation agreements for certain customers or employees, and negotiate pre-litigation resolutions.
Our trial lawyers are powerful advocates in state and federal courts, arbitration proceedings, and mediations throughout the country. They represent clients in all claims resulting from hiring from a competitor, including:
