X will abide all of the terms of the agreement- Consider how that sets the table. Let me explain: If your initial position is a weak technical defense coupled with an apology and a promise that Mr. Whatever initial position you take plays a massive role in setting expectations. This is closely connected with 1 and 2 above. I can handle this myself.” That usually ends in a disaster. Other lawyers take the approach of, “A non-compete case can’t be that complicated. Some lawyers recognize that high-stakes non-compete (and possibly trade secret) litigation is a specialized arena. If a client calls me with a high-stakes divorce, I send them to the best divorce lawyer I know. If you are a lawyer and this is not your wheelhouse, you direct your client to hire specialized counsel. If you receive a non-compete cease & desist letter, and the stakes are significant, you hire counsel. I have even seen a Fortune 500 company that insisted on using its in-house labor and employment lawyers absolutely get demolished in non-compete litigation. The old adage goes that a person who represents himself has a fool for a client. Engage counsel sooner rather than later.As a result of this experience, I can offer the following recommendations: Law (that’s right – some general counsels of big companies have non-compete agreements).
We represent serial entrepreneurs who sold one business, sat out for a year or two, and are getting back in. We represent the individuals and we represent the companies that hire these people. We routinely represent doctors, engineers, high-level sales executives. We routinely represent C-level executives, including those from publicly traded companies. These folks come from every level of every industry. Several times a week, someone contacts my office who has received a non-compete cease and desist letter.
I have seen more than 1,000 non-compete cease and desist letters. Over the past decade, I have represented literally hundreds of clients in non-compete matters.