Trade Secrets and Noncompete Litigation

Noncompete and trade secret disputes move fast. Employers seek emergency relief – temporary restraining orders, preliminary injunctions – within days of an alleged violation. Wade Mapley, LLC, handles both sides of these disputes and has the experience to respond quickly.

Noncompete Agreements

Ohio courts will enforce noncompete agreements that are reasonable in scope, duration, and geographic reach. But many agreements as written are overbroad, and Ohio courts have authority to modify – or “blue pencil” – an unenforceable agreement rather than simply voiding it. Whether you are an employer trying to enforce a restriction or an employee trying to challenge one, the analysis is fact-specific and begins immediately.

Wade Mapley, LLC, regularly handles:

• Defense of employees against TRO and injunction proceedings
• Employer enforcement of non-solicitation and non-competition provisions
• Negotiation of post-departure agreements to avoid litigation
• Analysis of agreement enforceability before a move or hire

Trade Secret Misappropriation

The federal Defend Trade Secrets Act (DTSA) and Ohio’s Uniform Trade Secrets Act (OUTSA) provide legal remedies for misappropriation of trade secrets – including injunctive relief, compensatory damages, and in cases of willful misappropriation, exemplary damages and attorneys’ fees.

A trade secret is information that derives independent economic value from not being generally known and is subject to reasonable measures to maintain its secrecy. Customer lists, pricing data, proprietary processes, technical specifications, and business strategy documents can all qualify.

We handle:

• Emergency proceedings to enjoin misappropriation and compel return of materials
• Defense of misappropriation claims by former employees
• Identification and preservation of trade secret evidence
• Litigation through trial and appeal

What to Do Right Now

If you have received a cease-and-desist letter, been served with emergency motion papers, or have reason to believe a departing employee took confidential information, call Wade Mapley, LLC, immediately. Time is the critical variable in these cases. Call 216-329-3116 or fill out this online form.