This video clip contains an excerpt of an answer Jonathan Cooper was providing to the question as to what factors go into making a determination on behalf of a former employer of whether and when to seek a TRO against an ex-employee in the context of enforcing a noncompete agreement or other restrictive covenant, such as a nonsolicit or confidentiality provision.
More specifically, although it may be tempting to allege that the ex-employee had absconded with, and misappropriated, company trade secrets, that strategic path is fraught with challenges because as a rule, it is extremely difficult to establish that a company's information is entitled to judicial protection as a "trade secret," inasmuch as the courts require that such information meet a rigorous multi-factor test before being qualified as such.
That is why it is often far simpler - assuming, of course, that the evidence supports it - to allege that the ex-employee should be restrained from soliciting the company's clients or otherwise unfairly using the company's good will to their advantage, as New York's courts (like many, if not nearly all jurisditions) have recognized that a company's good will/client base is, in many circumstances, a legitimate interest worthy of judicial protection, even by way of an injunction, such as a temporary restraining order ("TRO").
