Your startup needs a clear way to prevent key employees from being poached by a competitor or a former employee from targeting your company’s clients, members or employees after leaving your company.
That is the purpose of a nonsolicitation agreement.
While courts generally view these restrictive covenants as less restrictive than noncompete agreements, they still must be carefully drafted to be enforceable. Each nonsolicitation clause must serve legitimate business interests and be supported by reasonable limits on geographic scope and duration.
Our nonsolicitation agreement lawyers at Crowley Law LLC help founders, executives and employers draft, review and enforce nonsolicitation agreements that protect confidential information, trade secrets and valuable relationships with current clients and employees.
We also represent companies in enforcing nonsolicitation agreements when former employees attempt to solicit clients or recruit colleagues for a competing business. With careful drafting and experienced legal counsel, your company can safeguard its competitive position while remaining compliant with applicable governing law and public policy.
A nonsolicitation agreement is a restrictive covenant that limits a former employee, consultant or business partner from contacting your clients, customers or staff for competitive purposes after their relationship with the company concludes. It’s designed to stop the quiet kind of competition that happens when someone leaves your company but keeps calling your contacts.
A well-crafted nonsolicitation agreement can help your company:
A nonsolicitation clause is often included within employment, confidentiality or nondisclosure agreements and commonly works in tandem with a noncompete agreement.
Together, they outline the boundaries that protect your legitimate business interests without unfairly limiting a former team member’s ability to pursue new opportunities.
Courts generally view these restrictive agreements as more limited and therefore generally enforceable, so long as they are backed by careful drafting, a reasonable geographic scope and compliance with governing law.
Our nonsolicitation agreement lawyers help you draft restrictions that are balanced, practical and enforceable, protecting your company’s interests while remaining clear enough to hold up under scrutiny.
Disputes involving nonsolicitation agreements often arise at turning points in a business relationship. They are usually driven by ambition, misunderstanding or poorly defined contract language after employment ends.
Typical situations include:
Our nonsolicitation agreement lawyers support founders, executives and employers through every stage of these relationships, from prevention to enforcement. We help our clients to:
Create nonsolicitation clauses that reflect current State law, reasonable geographic scope and time limits, and protect the employer’s legitimate business interests without being overly broad.
Evaluate older employment agreements, confidentiality agreements or nondisclosure agreements to confirm that the restrictions remain enforceable and aligned with your company’s structure and growth.
Represent clients in disputes involving former employees, contractors or third parties who solicit clients, recruit other employees or misuse confidential information and trade secrets.
Provide legal counsel to individuals accused of violating nonsolicitation provisions, clarifying which actions are genuinely restricted under the terms of the agreement.
Help our clients to reach business-focused outcomes through structured negotiation, settlement or injunctive relief where necessary, avoiding disruption to ongoing operations.
Crowley Law LLC brings decades of experience representing life sciences and other technology companies in enforcing restrictive covenants and preserving their legitimate business interests.
Yes, courts in both States recognize nonsolicitation agreements when they protect legitimate business interests such as trade secrets, client relationships or specialized training investments. However, enforceability depends on the reasonableness of the clause’s scope, duration and purpose. Overly broad restrictions may be struck down.
A clause is generally reasonable when it protects a genuine business interest, applies for a limited period and restricts only those activities that could cause competitive harm. Each clause should reflect the employee’s role, access to confidential information and the company’s operational footprint.
A nonsolicitation agreement focuses on preventing a former employee or contractor from soliciting clients, customers or colleagues. A noncompete agreement restricts them from working for or starting a competing business. Courts are more likely to uphold nonsolicitation clauses because they target specific conduct rather than a person’s right to work.
An employer may seek injunctive relief to stop ongoing solicitation and, in some cases, recover damages for lost business. Early legal action and clear documentation of the violation can help the company protect its relationships and goodwill.
The foregoing analysis is for educational purposes only and does not constitute legal advice. You should engage an experienced lawyer to help you deal with any issues of this type as they apply in your unique situation.
