How to Protect Your Business Without Noncompete Agreements

Courts disfavor noncompete agreements. Smart companies recognize this. Entrepreneurs and business owners hoping to reduce the threat of key employee defections and client poaching would be well-served to read this thoughtful article by Huffington Post contributor Nina B. Ries.  

Among attorney Ries' suggestions for protecting your business assets without a noncompete agreement:

  • restrict moonlighting by current employees;
  • limit access to confidential information; and
  • conduct exit interviews involving the accounting for, and return of, company property.

Ries also suggests having employees sign less restrictive non-solicitation and nondisclosure agreements.

The best way to protect your information is to understand the law concerning intellectual property and trade secrets in your area. Contact legal counsel with employee mobility experience to ensure that your policies are up to date and are enforceable in your state.


Kevin Burke

Kevin Burke is a partner in the Litigation, Labor & Employment Practice Group at Lippes Mathias Wexler Friedman LLP. EDUCATION: J.D., George Washington University Law School Georgetown University - B.A., magna cum laude Nichols High School School (Buffalo, New York) EMPLOYMENT: Lippes Mathias Wexler Friedman LLP - A partner in the Litigation Practice Group INTERESTS: Member, Nichols School Alumni Board Past Board Member and Officer, Western New York Trial Lawyers Association Bennett High School's Law Magnet Program Bar Association of Erie County Annual Mock Trial Tournament Attorney Coach Past Member, Kiwanis Club of Buffalo Past Member, Child & Family Services Annual Fund Board Leadership Buffalo Graduate, Class of 2006