Restrictive Covenant and Trade Secret Misappropriation Claims: Key Initial Considerations and Tips for Seeking TROs and Preliminary Injunctions

By: Daniel Turinsky, Evan D. Parness, and Britt C. Hamilton, DLA Piper LLP (US)

This article provides guidance on substantive and procedural considerations involved in pursuing temporary restraining orders (TROs) and preliminary injunctive relief to help protect employer trade secrets and enforce restrictive covenants against former employees.

FOR EMPLOYERS, RESTRICTIVE COVENANTS HAVE BECOME a vital tool for protecting confidential information, trade secrets, client goodwill, and other important business interests. Just as vital is knowing how to effectively protect those interests through litigation if necessary. Successfully enjoining restrictive covenant breaches or misappropriations of trade secrets (or both) requires a coherent litigation strategy and careful consideration of numerous procedural and substantive issues.

This article addresses the following considerations regarding TROs and preliminary injunctions in connection with restrictive covenants and trade secret misappropriation:

• Strategies for determining whom to sue and where to do it
• Insights into whether and how to seek injunctive relief (including TROs and preliminary injunctions (PIs))

To read the full practice note in Lexis Practice Advisor, follow this link.

Daniel Turinsky is a partner in the Employment group of DLA Piper LLP (US) and is based in the firm’s New York City office. His practice focuses on the representation of employers in litigation before federal and state courts, administrative agencies, and arbitration panels. His litigation experience encompasses a wide range of employmentrelated matters, including discrimination, harassment, and retaliation claims; wage and hour class and collective actions; disputes involving the enforcement of employment contracts, confidentiality agreements, and non-competition covenants; consumer class actions relating to employer pre-employment screening processes; and tort claims arising out of the employment relationship, such as fraud, breach of fiduciary duty, tortious interference, intentional infliction of emotional distress, and defamation. Evan D. Parness, a partner in the New York office of DLA Piper LLP (US), represents employers and senior executives in all aspects of employment-related litigation and disputes before federal and state courts, administrative agencies, and alternative dispute resolution bodies. His experience includes defense of claims of discrimination, retaliation, and harassment; disputes involving the enforcement of employment contracts and non-competition covenants; and tort claims arising out of the employment relationship, such as breach of fiduciary duty, unfair competition, and tortious interference. Evan also advises clients on a broad variety of employment-related matters, including terminations and other disciplinary actions, employment and separation agreements, investigations of alleged discrimination, harassment and other employee misconduct, employment policies and practices, and litigation avoidance. Britt C. Hamilton is an associate in DLA Piper’s New York office. He represents employers and senior executives in all aspects of employment-related litigation before federal and state courts, administrative agencies, arbitration panels, and other alternative dispute resolution bodies.

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