The details of your company’s confidentiality and non-compete agreements play an important role in protecting the organization. Consult with an SC business attorney when drafting and reviewing such agreements, and you’ll safeguard what matters most: your bottom line.
Without further ado, let’s take a quick look at the main points of concern when writing legal agreements.
The Top Legal Considerations When Drafting Agreements
The small print of confidentiality and non-compete agreements has the potential to prevent losses that amount to thousands, hundreds of thousands, or even millions of dollars. An SC business attorney’s expertise is necessary to write and analyze the language of such agreements. Even one grammatical, punctuation, or linguistic misstep has the potential to pave a path toward an unfavorable court ruling.
As an example, timeframes, and geography play important roles in some agreements. Legally “bulletproof” non-compete agreements narrowly identify specific timeframes and geographic restrictions.
Such limitations are to directly address the interests of the business and also reflect the nuances of the field’s landscape. Even the specific locations where the company does business or is planning to conduct business should be addressed.
The prevailing theme is that legal agreements are to be written with the company’s interests in mind. The end goal of such agreements is to protect the organization’s interests in the form of the following:
- Client relationships
- Proprietary information
- Trade secrets
- Additional intellectual property
Ideally, the language will be clear and cogent with a sharp focus as opposed to broad in scope with extensive restrictions that will likely be ruled unenforceable.
Restricted Activities and Length of Restriction
The best confidentiality and non-compete agreements are specific to the point that they identify specific activities that are restricted. Moreover, the length of the restriction of those activities must be identified.
Restrictions in non-compete agreements encompass the exact actions that employees cannot take after departing a position. The overarching aim of such restrictions is to prevent departed employees from sabotaging or otherwise hurting their previous employer.
In general, most such agreements typically last between six months and a couple of years. However, individual states have specific legal requirements for confidentiality and non-compete agreements. There is no sense in attempting to understand the nuanced rules of legal agreements in South Carolina when experienced professionals are a call away.
When in doubt, lean on an SC business attorney to write, review, and amend your confidentiality and non-compete agreements. Those with experience drafting and analyzing such agreements are capable of achieving the delicate balance between employer and employee interests.
The best agreements are fair to both parties, withstand scrutiny in court and ultimately prove effective for the duration of the contract.
Learn More During a Consultation With Our South Carolina Business Attorneys
The subtleties of your confidentiality and non-compete agreements have the potential to make the difference in wins and losses in and out of court. Our SC business attorneys are here to help create, review, and modify your company’s legal agreements.
Reach out to us today to schedule a consultation.