Non Compete Agreements take many forms, such as confidenitality agreement, non disclosure agreements, and non competition, and all seek to protect certain interests of the employer.  Courts are often called upon to interpret and apply these covenents, with many varying results.

Litigation is often initiated in state courts, although under some circumstances removal into federal court has been attempted and upheld.  Challenges to jurisdiction and venue are increasingly common, and resolved on a case by case basis.

In Ohio, covenants are, as a general rule, enforceable to the extent they serve to protect a legitimate business interest of the employer. Where the covenant goes too far, Ohio courts have not hesitated to refuse to enforce the covenant or have red lined it to be in line with prevailing court rulings.  Still, there exists in Ohio a vast pathwork of decisions, and each case is closely contained to its own facts.

Non compete ligitation can become costly.  See our tips to contain costs later in this web site.  There are tasks a client can do to assist in reducing costs, attorneys fees and expenses.

For decades, we have litigated non competes and have done so in many different industries, including dental, medical, transportation, service businesses such as pest control or lawn care, manufacturing and retail, and distributorships.  Some of these have been litigated in the numerous trial courts in Ohio state courts, while others have been tried in federal court.

We have litigated outside of Ohio as well, having appeared in Colorado federal court, Florida state court, and South Carolina state court on temporary restraining order and injunctive proceedings.

Whether enforcing a covenant or defending against the enforcement of one, the legal analysis is often the same, calling for careful review of the facts, applicable law, and the equities of the situation.