In this increasingly paperless society, less certainly can be more in terms of excess material around the office. That is not to say, however, that your business can ignore the fundamental papers that will protect its very foundations – your employees, customers and proprietary business information. Having the proper types of contracts in order, as well as being able to defend and prosecute them in court when business disagreements escalate, may mean the difference between success and failure for your business at any turn.

Noncompetition agreements, when drawn properly, can help to keep your most valuable employees from becoming your most antagonizing competitors. To be clear, these restrictions on employee mobility are becoming less favored by the courts. It therefore is imperative that any such agreement be narrowly tailored to limit only the most troublesome level of competition from your departed employees.

Nonsolicitation agreements can help guard against your departed employees soliciting your customers and even your remaining employees to their new businesses. Agreements protecting these foundational elements of your business are favored by the courts and should be a staple element of your paper arsenal.

Nondisclosure agreements help safeguard your valuable, confidential and proprietary business information by prohibiting your employees, vendors and/or customers from using or disclosing such information outside of your business. Such agreements also may be mandatory prerequisites to the successful prosecution of a trade secrets claim against a party making improper use of your business information. Knowing when and how to utilize such agreements will help ensure the vitality of your business and provide a significant measure of protection when you find the need to transition the matter from the boardroom to the courtroom.

In addition to those agreements above, relationships with vendors, customers, distributors and other third parties often depend upon careful documentation of the rights, responsibilities and obligations of one to another. Properly documenting these relationships will help your business maintain key positions and relationships and insure its success into the future.

For over a decade, we have litigated business cases involving these types of agreements. From that experience, we are able not only to prosecute and defend successfully your business litigation contract case, but also to offer practical advice in the drafting stages for each. Knowing what works and doesn’t work in court, which areas of such agreements are essential and which are likely to be disfavored, will help your business avoid costly, protracted and potentially unsuccessful business disputes later.