Non-Compete, NDA, and Restrictive Covenant Advice: Protecting or Challenging Contractual Restraints

Congruence Law, P.C. Helps Clients Navigate Non-Compete Agreements and Confidentiality Clauses

In today’s competitive environment, employers and contractors frequently include non-compete, non-disclosure, and other restrictive covenants in their contracts. While these clauses can protect legitimate business interests, they often go too far — limiting your right to work, speak freely, or use your own skills.

At Congruence Law, P.C., we counsel clients on how to enforce or challenge restrictive covenants, ensuring that your contract strikes the right balance between protection and freedom.

What Are Restrictive Covenants?

Restrictive covenants are contract terms that limit what one party can do during or after the agreement. Common examples include:

• Non-compete agreements – restricting employment with a competitor for a period of time

• Non-solicitation clauses – prohibiting contact with clients, employees, or vendors

• Non-disclosure agreements (NDAs) – preventing sharing of confidential or proprietary information

• No-hire provisions – barring recruitment of staff or contractors

• Invention assignment clauses – transferring IP rights to the employer

These clauses are often enforceable — but not always, especially if they’re overbroad or poorly tailored.

What We Do at Congruence Law, P.C.

We advise employees, contractors, entrepreneurs, and businesses on all sides of restrictive covenant issues, including:

• Reviewing contracts before you sign to flag problem clauses

• Negotiating revisions to limit duration, geography, or scope

• Challenging enforcement of overbroad or unlawful terms

• Defending against cease-and-desist letters or lawsuits

• Enforcing NDAs or non-competes where valid and necessary

• Advising on exit strategies that avoid violations

• Assessing enforceability under state law (which varies widely)

We also advise startups and departing employees on how to protect themselves while launching new ventures or joining competitors.

Are These Clauses Enforceable?

That depends. Courts assess:

• Whether the restriction protects a legitimate business interest

• Whether it’s reasonable in time, geographic scope, and content

• Whether it imposes an undue hardship on the restricted party

• Whether it serves the public interest

Some states (like California) largely prohibit non-competes. Others allow them with strict limitations.

Pitfalls to Avoid

• Assuming the clause is unenforceable just because it “seems unfair”

• Violating a non-solicit clause without realizing it

• Taking client lists, trade secrets, or proprietary documents when you leave

• Signing a restrictive covenant without legal review

• Ignoring cease-and-desist letters, which can escalate to litigation

Even unenforceable clauses can be used to intimidate, delay, or drain resources — it pays to be proactive.

Why Choose Congruence Law, P.C.

We understand how restrictive covenants can impact your livelihood, your company’s workforce, or your next business move. Whether you need help protecting your interests or defending your freedom to work, we deliver practical advice and forceful advocacy. Contact us:

contracts@congruencelaw.com202-630-8141

Don’t let fine print box in your future. Let us help you draw fair boundaries — or fight back when the line is crossed.