Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters, and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing, and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this blog is an introduction and Part I of yet another fresh and new series on “Best Practices for Reducing Litigation Risks when Hiring from Competitors.” In our blog titled “Preventing Employee Raiding to Protect Trade Secrets,” published under the series “Enforcement of the Protection of Employers’ Confidential Information & Trade Secrets,” and accessible through https://milettilaw.com/blog/f/preventing-employee-raiding-to-protect-trade-secrets, we provided you, as the employer, with key measures and policies that you should take to curb employee raiding. This goes without saying that hiring from a competitor is not always “employee raiding,” but you would need to take necessary precautions before making such a move. In this regard, we aim to provide you, through this practice and training note, with key tips and best practices that should be taken to minimize the risk of litigation when an employer decides to hire an employee who has been working for a competitor.

Minimizing Litigation Risks when Hiring from Competitors – An Introduction

Statistics available in the public domain indicate that there has been an exponential growth in litigations involving a variety of post-employment restrictive covenants, including non-compete agreements and trade secrets, for over three decades. In fact, a good number of these litigations have targeted even the new employer of a former/departing employee. While hiring from a competitor does not always amount to “employee raiding,” as discussed in the blog accessible through the link provided above, hiring a competitor’s former employee has proved to be a time-consuming and costly affair for many unsuspecting employers.

For this reason, employers are responsible for taking the necessary steps and considering a myriad of factors in an attempt to minimize the risk of litigations and be properly set to defend any legal action that might be brought against them for hiring from their competitors. However, it is also critical to understand that when hiring from competitors, it is impossible to eliminate litigation risks entirely.

With a primary focus on the key steps to be taken and factors to be considered towards minimizing litigation risks for hiring from competitors, this will be, as usual, a multi-part series. Accordingly, in Part II of this new series and our blog titled “Hiring from Competitors – Leave the Hiring Employer an Out,” we shall start by hammering on one of the steps to be taken to minimize and mitigate the risk of litigation.

In the meantime, stay tuned for more legal guidance, training, and education in other series in progress. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.