Whether you represent the employee or former employer (or even the new employer) in a case involving allegations of theft of trade secrets or breaches of non-competition, non-solicitation, anti-poaching, and/or confidentiality (NDA) covenants, mediation is an attractive option that should be considered as a valuable tool to help resolve a case including at its earliest stages (and even pre-suit).
These cases (especially at inception) are very labor intensive as the plaintiff prepares to go to court to obtain a Temporary Restraining Order and Preliminary Injunction: drafting briefs, affidavits, orders to show cause, and a complaint, or, on the part of the defendant, preparing the papers that oppose the application, making a motion to dismiss or answering the complaint. If you are in federal court in the Eastern and Southern Districts of New York you are almost certainly going to be asked to swear your first witness in on the return date of the order to show cause, and a trial will proceed. Looking at this “to do” list makes it very obvious that pursuing such a case in court will involve substantial legal fees for both plaintiffs and defendants. Equally important is that it can take a substantial amount of time to obtain a decision on the preliminary injunction application.
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