Enforcement of non-compete and non-solicitation undertakings requires a connection between the wording of the agreement, a protected interest, and evidence of breach.
What must be proven beyond the existence of the clause?
A request for enforcement does not end with presenting a signed contract. It is necessary to identify a valid undertaking, an act that breaches it, and an interest that justifies the restriction. In employment relations, the balance with freedom of occupation must be examined; in an agreement for the sale of a business, partnership, or distribution, the circumstances appropriate to the transaction are examined. It is important to distinguish between a claim for compensation for an action already taken and a request to prevent future activity.
Drafting relief that can be implemented
The requested order must specify what is prohibited, toward whom, and for how long. A prohibition on using a pricing file is not the same as a prohibition on working for any competitor, and a prohibition on proactively approaching a customer is not necessarily a prohibition on receiving an approach from that customer. When the clause is broad, it should not be assumed that the court will enforce it in full or redraft it. The connection between each restriction and the information, business relationship, or consideration it protects should be explained.
- Attach the full agreement, its amendments, and the documents relating to the termination of the engagement.
- Present concrete documentation of the breach: an approach, use of information, or defined competing activity.
- Specify the protected interest and the expected harm from the continuation of the conduct.
- Explain the urgency, the date of knowledge, and the possibility of narrower relief.
Temporary injunction, compensation, and the other party's response
In a request for temporary relief, the prima facie basis, the balance of harms, good faith, and delay are examined, and guarantees may be required. A temporary decision is not a final determination that the clause is valid or that a breach occurred. If agreed compensation is claimed, it should be examined what triggers it and whether the conditions for reducing it apply; compensation must not be combined in a way that creates double compensation for the same harm.
For the defending party, it is important to examine the authority of the forum, the meaning of the requested order, the source of the information, and the timing of the approaches. Documentation showing that the client initiated contact or that the product was developed independently may be relevant, but it does not exempt review of all undertakings. Agreement on separating information and preserving evidence may reduce the dispute while the legal disagreement is being clarified.
What must be proven beyond the existence of the clause?
A request for enforcement does not end with presenting a signed contract. It is necessary to identify a valid undertaking, an act that breaches it, and an interest that justifies the restriction. In employment relations, the balance with freedom of occupation must be examined; in an agreement for the sale of a business, partnership, or distribution, the circumstances appropriate to the transaction are examined. It is important to distinguish between a claim for compensation for an action already taken and a request to prevent future activity.
Drafting enforceable relief — what is important to know?
The requested order should specify what is prohibited, toward whom, and for how long. A prohibition on using a pricing file is not the same as a prohibition on working for any competitor, and a prohibition on proactively approaching a client is not necessarily a prohibition on receiving an approach from that client. When the clause is broad, it should not be assumed that the court will enforce it in full or redraft it. The connection between each restriction and the information, business relationship, or consideration it protects should be explained. Attach the full agreement, its amendments, and the documents relating to the termination of the engagement. ; Present concrete documentation of the breach: an approach, use of information, or defined competing activity. ; Specify the protected interest and the expected harm from the continuation of the conduct. ; Explain the urgency, the date of knowledge, and the possibility of narrower relief.
Temporary injunction, compensation, and the other party's response — what is important to know?
In a request for temporary relief, the prima facie basis, the balance of harms, good faith, and delay are examined, and guarantees may be required. A temporary decision is not a final determination that the clause is valid or that a breach occurred. If agreed compensation is claimed, it should be examined what triggers it and whether the conditions for reducing it apply; compensation must not be combined in a way that creates double compensation for the same harm. For the defending party, it is important to examine the authority of the forum, the meaning of the requested order, the source of the information, and the timing of the approaches. Documentation showing that the client initiated contact or that the product was developed independently may be relevant, but it does not exempt review of all undertakings. Agreement on separating information and preserving evidence may reduce the dispute while the legal disagreement is being clarified.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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