What has Richardson Callahan & Frederick LLP been doing recently?
Non-competition agreements have been a frequent issue in many of our recent cases. Individuals, business, and even some lawyers have historically misunderstood non-compete agreements. Not all non-compete clauses are enforceable and Alabama statutes would seem to prohibit such agreements. We have been able to enforce such agreements many times, notwithstanding the language of the statute. Critical factors include whether the agreement is reasonable in time and geographical scope, and whether it seeks to protect a legitimate interest.
Since we opened our doors in December of 2000, we have been involved in more than half a dozen matters in which a covenant not to compete was a central issue. Just recently, we obtained a six-figure settlement in a suit brought to enforce non-compete agreements between government contractors. Those agreements were ultimately enforced and our client was compensated because we were able to distinguish the particular circumstances of our client's case from the broad brush of the statute. This year we successfully defended a suit to enforce a non-competition agreement between chiropractors. We secured the dismissal of the case on summary judgment. We were able to convince the court that chiropractors are due the same protection from unlawful restraints on trade that all professionals, such as medical doctors, accountants, and lawyers, receive. This protection arises from the recognition that a patient's or client's right to freely choose a provider is paramount.
Given our expertise in the area, we have also been asked to draft non-compete agreements. We are pleased that none of the agreements prepared by our firm have been challenged. If you would like to investigate a related question, please contact us.
Recently, we have witnessed an increase in activity involving in the defense and prosecution of trade secrets and intellectual property. While we are not a registration firm, we are often asked to litigate such issues. Disputes over proprietary information and competition-sensitive technology are a routine engagement for our firm. Recently we successfully defended a challenge to the trade secret protection asserted by a government contractor regarding a deliverable software system, even though the technology was largely off-the-shelf in origin. We are presently involved in pursuing claims for the purchaser of a cutting-edge waste disposal system utilizing plasma technology, in which the origin and development of the technology is a key issue. In a related case, we are defending similar information technology against claims of infringement.
If you need assistance in any dispute in which technology or critical information is at stake, please contact us.
