Executive Employment Disputes
LLF has extensive experience handling actual or potential disputes involving the employment agreements of high-level executives. LLF regularly litigates and provides counseling, both to corporations and executives, on matters relating to the construction and enforceability of non-competition provisions, prohibitions on the post-employment solicitation of the employer's clients and employees, and other restrictive covenants in executive employment agreements; the fiduciary duties of officers, managing directors and other high-level employees of corporations; the fiduciary duties of corporate board members; and the protection of a company's trade secrets and other confidential or proprietary information. The clients that LLF has represented in employment matters reflect the wide range of industries in which high-level executives are subject to post-employment contractual and common law constraints. Our clients include investment banks, commercial banks, telecommunications companies, technology services companies and mortgage lenders, as well as senior executives within those industries.
The employment-related matters in which LLF is regularly engaged range from those requiring emergency applications for injunctive relief to prevent an ex-employee's misappropriation of proprietary information, to the defense of corporate officers and directors against allegations of fiduciary violations, to the counseling of senior officers or managing directors on their contractual rights and obligations under non-competition and non-solicitation provisions in their employment agreements. The following matters are representative of LLF's work in this area:
Outside the litigation context, LLF routinely counsels corporations on their standard executive employment agreements, particularly non-competition provisions restricting post-employment work for competitors and provisions prohibiting the post-employment solicitation of a company's clients, customers or employees. We both advise companies on such issues as the enforceability of restrictive covenants under the law in particular jurisdictions, and draft or rewrite such provisions in their employment agreements applicable to senior executives.
LLF also from time to time represents corporations and senior executives in the negotiation and implementation of individual employment or severance agreements. As a recent example, LLF negotiated a severance agreement, foreclosing possible litigation, on behalf of the general counsel of a division of one of the major American broadcast networks.
Levi Lubarsky & Feigenbaum llp