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The GJW Law Firm supports entrepreneurs in drafting and negotiating provisions regarding non-competition, both during the term of cooperation and after its termination – particularly in the form of post-employment non-compete obligations, as well as in B2B relations. Properly regulating these issues helps mitigate the risk of a breach of the non-compete obligation by an employee or former employee, and in the event of a breach, enables the pursuit of claims, including damages for breaching the non-compete agreement.
In practice, a non-compete obligation acts as a loyalty commitment between the cooperating parties. Therefore, provisions in this scope should be formulated in a clear, precise manner, tailored to the specifics of the entrepreneur’s operations, ensuring effective protection of their interests and the realistic ability to enforce them should a breach occur.
Trade secrets consist of information and data that are vital from the perspective of the Client and their business operations. Essentially, trade secrets encompass all information about the Client’s enterprise that can provide a competitive advantage over other entities and is not disclosed to third parties.
Thus, properly securing confidential information at an early stage of cooperation with employees, contractors, or business partners mitigates the risk of situations such as trade secret infringement, including misappropriation by an employee, as well as other actions that may constitute acts of unfair competition.
The GJW Law Firm assists in preparing and implementing preventive measures to ensure that confidential information is not disclosed. We advise on selecting the most effective method of legal protection, specifically supporting the drafting of appropriate contractual provisions aimed at maintaining confidentiality and protecting trade secrets. In certain cases, we recommend that our Clients conclude a Non-Disclosure Agreement (NDA), which comprehensively regulates the rules for disclosing and utilizing confidential information between the parties. This type of solution is utilized in particular before initiating significant business talks, during the negotiation phase of cooperation terms, or prior to conducting due diligence (auditing the condition of a given enterprise).
We also handle litigation related to the breach of non-compete agreements, particularly cases concerning compensation for such breaches. We conduct proceedings regarding the non-payment of remuneration due under a contractual non-compete obligation, as well as cases related to the infringement of trade secrets or the breach of confidentiality obligations. Our practice also covers disputes concerning acts of unfair competition and other unfair market practices.
Given the specific nature of the aforementioned cases, an institution we frequently utilize is interim relief / preliminary injunctions (securing claims for the duration of the trial), e.g., by obtaining a court order compelling the defendant to cease certain actions (cease and desist) or ordering the defendant to undertake specific actions.
We have an experienced and dedicated team of lawyers specializing in litigation, particularly in cases involving breaches of non-compete obligations, protection of trade secrets, and acts of unfair competition. Where possible, we recommend that our Clients enter into negotiations (mediation or conciliation proceedings) with the opposing party, aimed at avoiding lengthy court trials—while simultaneously securing the Client’s interests to the fullest extent possible.
Disputes concerning non-compete obligations are among the most sensitive commercial cases, as they often involve the protection of the company’s core interests, including trade secrets and client relations. In the event of a breach of a non-compete obligation, an entrepreneur may pursue claims, including damages for the breach. Therefore, proper preparation for potential litigation, as well as taking steps toward an amicable resolution of the dispute, is crucial. The GJW Law Firm – with lawyers specializing in non-compete matters – provides comprehensive legal assistance in drafting non-competition agreements and handling disputes related to their breach.