Information may well be the most important asset in the world. We live in an information economy. Indeed, as shown by recent examples ranging from the box office success of “The Social Network” to the inability of authoritarian regimes to prohibit the free and instant exchange of information amongst their own population, it is apparent that we live in an “instant information” world, where knowledge and information predominate. This reality affects all business and commercial activity in a direct, elementary and profound way.
Customer base, business methods, pricing and other information are typically the critical assets upon which most businesses are built. Those businesses that manufacture or otherwise provide products are almost always dependent upon critical design, plans or other architectural information.
Further, product-based businesses are typically sales organizations as well, with the same concerns as purely sales or service businesses as to confidentiality of customer base, pricing, product strategy and the like. For this reason, enforceable non-compete covenants are essential.
Known to many in the Colorado legal community as “Mr. Non-Compete,” John F. Reha is one of the leading lawyers in this field as well as in the areas of trade secrecy and unfair competition. He brings his vast knowledge to the aid of clients seeking creative and effective solutions in these areas of law.
John’s article “The Law of Trade Secrecy and Covenants Not to Compete in Colorado” is used by many Colorado attorneys as a leading guide in these areas. John has taught and spoken extensively on this subject in an effort to educate the business and professional communities on the unique challenges which post-termination competition presents and the critical importance of instilling workable, effective information and post-termination competition protection systems.
Protecting Businesses and Corporations — At The Reha Law Firm LLC, we often receive calls from businesses that wish to protect their information base or “soft assets,” i.e., the business’ ideas, the relationships the business has with its key customers, suppliers, employees and referral sources, or the business’ unique ways of doing business, pricing strategies, business plans and the like.
Assisting High-Level Employees — We also receive numerous inquiries from executives, managers, highly compensated salespersons and other employees who are thinking about leaving their current employment, starting their own business or joining a competitor. These situations commonly give rise to issues of real and potential unfair competition, either by potential or actual misuse or misappropriation of information, or questions as to acceptable pre-termination steps to compete.
Many employees have signed a covenant not to compete, a trade secrecy nondisclosure agreement or similar restriction. These situations may involve millions of dollars in potential loss or exposure, and often the survival of a business or the ability of a person to continue to be employed in his or her chosen field is directly at stake.
Colorado law presents unique drafting and litigation challenges for effective and enforceable competition and disclosure restrictions. Colorado’s non-compete statute even features a special rule for “physicians.” (To learn more, view the page Non-Compete Agreements for Physicians.)
The Reha Law Firm LLC has more than 30 years of experience in handling these matters, both for employers and employees, and we do it with the highest degree of skill and imagination. We design those measures that are necessary to protect such information, and we do so in a creative, strategic way designed to serve one goal: enforceability.
Our law firm also assists businesses in policing soft asset protection systems. Our Denver non-compete agreements attorney provides knowledgeable advice to both employers and employees as to the strengths and weaknesses of information protection systems, non-competes, and nondisclosure and non-solicitation provisions.
If you are a business owner who desires to protect intangible information, key relationships, client contacts and the like, or if you are a manager who is concerned that a key employee might take the heart and soul of your business with him or her when he or she resigns, we can help.
If you are an employee or ex-employee who has an issue relating to a covenant not to compete, a trade secrecy nondisclosure agreement or a non-solicitation provision, or if you have a sense that some issue as to the scope of permissible post-termination competition may exist, we can also help. This is what we do, and we are universally recognized by our peers as providing the highest level of skill and service in these areas.
DISCLAIMER: This information is being provided as a public service, and by doing so, neither The Reha Law Firm LLC nor any attorney associated with The Reha Law Firm LLC is providing any legal advice of any nature to any person or firm, whatsoever. If the reader believes that he or she is in need of legal advice as to the issues discussed herein or for any other reason, he or she is advised to retain an attorney of choice to provide appropriate legal representation.
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$4.2 Million Unfair Competition Award Upheld on Appeal. John was lead counsel in Optimus Corp. v. Synergetics, Inc., Colorado Court of Appeals No. 12CA1910. On March 6, 2014, the Court of Appeals issued its Opinion unanimously affirming a decision in which $2,238,042 actual damages... Read more
Auto-Bicycle Collision Generates Two Limits Settlements. In 2012-2013, John represented a bicyclist who was struck by a pickup truck while riding. The cyclist incurred significant long-term cognitive injuries. John obtained a settlement against the driver at fault for the large limits of that driver's auto policy... Read more
Another Auto-Bicycle Collision Generates Limits Settlement. In 2012-2013, John represented another bicyclist who was struck by a car while riding. The cyclist incurred severe neuromuscular, nerve and spinal injuries. John obtained a limits settlement against the insurance policy... Read more