Restrictive Covenants and Trade Secrets

Protecting Confidential Information, Competitive Advantage & Business Relationships

In competitive markets, businesses rely on enforceable restrictive covenants and trade secret protections to safeguard confidential information, client relationships, and proprietary systems. Poorly drafted agreements or inconsistent enforcement can weaken protections and increase litigation risk.

Bean, Kinney & Korman advises employers and executives throughout Maryland, Virginia, and the Washington, D.C. region on drafting, negotiating, enforcing, and defending restrictive covenant agreements and trade secret claims. We help organizations protect legitimate business interests while navigating evolving state and federal restrictions on non-compete enforceability.

Our approach combines careful drafting with litigation readiness — ensuring agreements are defensible and strategically enforceable when disputes arise.

Restrictive Covenant & Trade Secret Services

Drafting & Review of Restrictive Agreements

Non-compete agreements
Non-solicitation of customers and employees
Confidentiality and non-disclosure agreements (NDAs)
Invention assignment and intellectual property protection clauses
Executive employment agreements

We tailor agreements to meet jurisdiction-specific enforceability standards.

Enforcement & Injunctive Relief

Emergency temporary restraining orders (TROs)
Preliminary and permanent injunction proceedings
Breach of non-compete litigation
Enforcement of non-solicitation provisions
Protection of customer relationships

Prompt legal action can be critical when competitive harm is ongoing.

Trade Secret Protection & Litigation

Misappropriation claims under state trade secret statutes
Federal Defend Trade Secrets Act (DTSA) claims
Confidential information protection strategy
Forensic and evidence preservation planning
Claims involving former employees or competitors

We design litigation strategies to preserve enterprise value and minimize reputational harm.

Defense Against Restrictive Covenant Claims

Challenging overly broad non-competes
Scope and duration reasonableness analysis
Public policy and jurisdictional defenses
Negotiated resolutions and settlement strategy

We represent both employers and individuals in restrictive covenant disputes where appropriate.

Who We Represent

Our Restrictive Covenants & Trade Secrets practice serves:

Small and mid-sized employers
Technology and professional services firms
Healthcare and regulated industries
Government contractors
Construction and development companies
Franchise and multi-location operators
Executives and key employees

We tailor strategy to protect business interests while accounting for evolving legal standards.

Industries Served

We advise clients in industries where intellectual capital and customer relationships are core assets, including:

Technology and software services
Professional and consulting services
Healthcare and life sciences
Government contracting
Financial services
Construction and infrastructure
Hospitality and franchise systems
Retail and distribution

Industry knowledge strengthens our ability to assess competitive risk and draft enforceable protections.

Restrictive Covenants & Trade Secrets FAQs

Are non-compete agreements enforceable?

Enforceability depends on jurisdiction, reasonableness of scope and duration, and whether the agreement protects legitimate business interests. Some states impose strict limitations or bans. Legal counsel ensures agreements are tailored to maximize enforceability.

What qualifies as a trade secret?

A trade secret is confidential business information that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy. Examples include proprietary formulas, customer lists, pricing strategies, and technical processes.

When should an employer seek injunctive relief?

Injunctive relief may be appropriate when a former employee is actively violating a restrictive covenant or misappropriating trade secrets. Prompt action can prevent irreparable harm and preserve competitive advantage.

How can companies strengthen trade secret protection?

Companies should implement confidentiality agreements, access controls, employee training, and documented protection policies. Legal review ensures these measures meet statutory standards for enforceability.

Can an overly broad non-compete be challenged?

Yes. Courts may modify or invalidate agreements that are overly broad in geographic scope, duration, or restricted activities. Legal counsel evaluates enforceability and defense strategy based on jurisdiction.