Non-Competes and Other Restrictive Covenants

CASTAYBERT PLLC has extensive experience with non-competes and trade secret protection.


The firm advises companies concerning the best practices to follow to establish, maintain, and enforce trade secret protection.  The firm drafts and negotiates and counsels its clients concerning the use of employment agreements, employee handbooks, the use of invention assignment agreements, and non-disclosure and confidentiality agreements. In the employment context, the firm drafts and reviews employment agreements and related confidentiality, non-compete, non-solicit, and other restrictive covenants.


CASTAYBERT PLLC regularly litigates on behalf of both corporations and executives regarding: the enforceability of restrictive covenants during employment; the fiduciary duties of directors, officers and high-level corporate employees; and the protection of company trade secrets and other confidential, proprietary information.  Such matters may require emergency applications for injunctive relief to prevent misappropriation of proprietary information. CASTAYBERT PLLC is experienced in seeking injunctive relief to prevent misappropriation, breach of fiduciary duty, and unfair competition, and in defending officers, directors, and former employees against such claims.


The firm’s founder, André Castaybert, was a longtime member of the Proskauer Non-Compete and Trade Secret Group, has litigated extensively in the area of non-competes and trade secrets for companies of all sizes, including on behalf of, and against, Fortune 500 companies in several different U.S. jurisdictions and in arbitration.  He was also the principal drafter of “Employee Non-Competition Obligations during Employment and after Departure” in New York Employment Law, Bender’s New York Practice Series (1992) and he is a member of the New York State Bar Association Committees on Intellectual Property (Co-chair of the Trade Secrets Subcommittee) and Labor and Employment.

To learn more about how CASTAYBERT PLLC can assist you with non-competes and other restrictive covenants, please contact us.