Many new technology start-ups are formed by a group of employees leaving an established technology company. Similarly, a group of your employees may have left to join a competitor.

Our lawyers have represented parties on each side of these equations. In addition to litigating injunctive and long-term relief issues, we also help companies and employees fashion enforceable agreements. In many jurisdictions, these agreements can be thrown out in their entirety even if only a portion of the agreement is unenforceable.

Based on our experience it is important to consider at least some of the following issues:

• What can an employee take when he or she leaves?
• What about information "in their head"?
• What is the ex-employee prevented from doing?
• What if an ex-employee tries to hire other remaining employees?
• What happens if a customer calls the ex-employee and wants to do business with the ex-employee's new company?
• Does a trade secret misappropriation claim exist?