Non-Competition Agreements, Disputes and Litigation
In our modern practice, of business law, another important area of client work involves noncompetition agreements and disputes. Noncompetition agreements limit the right of a worker to engage in certain competitive work. Noncompetition is governed by state law, and in Colorado by the Wage Claim Act. Under that law, the legislature has enacted Colorado Revised Statute section 8-2-113 which establishes the framework for noncompetition agreements. Our knowledge and experience in working with the statute, drafting scores of noncompetition agreements and litigating numerous noncompetition agreements gives us a broad and insightful view for our clients, whether in trying to create protection, counsel as to rights and duties, or in litigating disputes.
We have drafted scores of noncompetition agreements and advised many more clients as to their rights and duties under noncompetition agreements. These agreements are enforceable in Colorado but protecting your rights here requires wisdom and practical knowledge. When we draft these agreements, or noncompetition provisions as part of other agreements, such as non-disclosure agreements, asset purchase agreements or settlement agreements, we use our knowledge and experience to carefully craft the best agreement for our clients and their partners and employees.
Sometimes an employee leaves employment and their employer needs to protect its interests from improper competition prohibited by a noncompete agreement. In those cases where swift and decisive action is required, DR can immediately mobilize to provide that protection and counseling. That might include creative means short of a lawsuit to encourage an employer or employee to consider their rights and duties under a noncompetition or similar agreement. And in some cases protecting your rights requires immediately going to court to seek an injunction to prevent actions that might harm you. DR stands ready with the appropriate zeal and wisdom to navigate through those difficult cases.
Sometimes a noncompetition dispute is best handled with alternative dispute resolution ideas and processes. In those cases, DR attorneys are experienced in all proper and helpful ADR options. Several of our attorneys are also certified conciliators and conflict coaches. Lawyers are often (and rightfully) criticized as too quick to look to our inefficient courts to solve disputes, when such a course may not be the right solution for our clients. DR has the resources, zeal and commitment to win in court, the skills to negotiate real and lasting solutions outside of the courtroom, and the wisdom and experience to know which forum is right at any time for our clients.
