Restraints of trade are a complex and high-risk area of law. The wording of a restraint of trade clause can make or break a business or a career. The importance of getting it right cannot be overstated.
Restraints of trade have many potential forms. The most common restraints are:
- non-compete restraints - restricting employees from being involved in competing businesses; and
- non-solicit restraints – preventing employees from poaching customers, suppliers or colleagues.
The interests of an employer and employee are usually directly opposed. On one hand, employees may seek the lowest level of restraint possible so that their future conduct is relatively unconstrained. On the other hand, employers usually want restraints to be as robust as possible to help safeguard the commercial interests of the business.
If a dispute arises regarding a restraint, immediate and decisive action is often required. Failure to take strategic and lawfully prudent steps can undermine your legal position. So, proactive advice should be obtained wherever possible.
Approach
When preparing restraints, we:
- discuss your intentions and objectives;
- provide you with our proposed wording; and
- advise you on the scope of the restraints.
When managing restraint disputes, we:
- provide you with a clear and transparent quote;
- gather information and background context;
- discuss your key objectives for the dispute;
- provide support so that you can take prompt and decisive action; and
- strategically manage the dispute for you, and adapt if necessary.
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