Over the years, the need for highly competent Employment Law Services has increased dramatically, both for businesses and for executives alike. A dramatic increase in regulatory and compliance requirements, and the utility of wise risk management counsel, has driven the need for experienced practitioners on both sides of the employment bargaining table. Avisen Legal brings a depth of experience, knowledge and wisdom to employment law matters.
At Avisen Legal, we bring “been there, done that” savvy and experience to workplace issues that goes beyond mere knowledge of statutes, regulations and case law affecting the employment relationship. Anyone can look up statutes, regulations, and case law and provide a legal analysis applicable to any fact situation. At Avisen Legal, informed by experience, we understand how the human element affects workplace relationships, perspectives, negotiations and decisions. In this context, we serve our clients as advisors, negotiators, investigators, advocates and peacemakers on potential and developing workplace issues, and help find proactive and creative solutions to workplace conflict.
New positions, promotions, comp plan changes, resignations, retirements, demotions, transfers, terminations. Changes in employment, whether welcome or unwelcome, expected or unexpected, can be difficult, confusing and can trigger emotional responses from those affected. Executive transitions particularly involve complex and challenging interpersonal and legal issues that require the guidance and advice of experienced, well-trained professionals.
Executive transitions usually are documented and governed by employment contracts, severance plans and agreements, retention agreements, restrictive covenants (non-competes), change in control agreements, compensation and bonus plans, and other employment and compensation-related agreements and policies. Proper preparation of those agreements requires advanced knowledge and experience in employment law, unfair competition, trade secret and non-compete issues, intellectual property, litigation, employee benefits, deferred compensation and other disciplines such as corporate law, securities regulation and tax law that no single professional is fully equipped to handle.
Avisen Legal, P.A. is a legal team of experienced professionals committed to serving businesses and the executives who own and run them. Our lawyers average over 25 years of experience in their respective areas of practice. We pride ourselves on serving clients as a team of trusted advisors. We work closely together to ensure that our clients realize the best possible result for their circumstances. We advise executives and employers on both the legal implications and the practical realities involved with employment and termination agreements, tax and compensation issues, executive severance plans, equity plans and agreements, employment best practices and communications between management and boards.
The Avisen team also advises compensation committees and compensation consultants in the preparation of long-term incentive, equity and other executive compensation plans. We negotiate and write executive employment, retention, change in control, bonus, non-compete and separation agreements customized to address each client’s needs and desires.
Non-Compete and Restrictive Covenants
Trade Secrets, Intellectual Property & Unfair Competition Protection.
A business’s most valuable assets, after its people, often are its trade secrets, inventions, confidential information, written works, and above all, its customer/client goodwill. The first line of defense against misappropriation of these assets and unfair competition against your organization is a well-thought, properly structured and legally enforceable Trade Secret, Confidential Information, Invention Assignment and Non-Compete Agreement.
There is no such thing as a good quality form agreement that a business can use to protect these most valuable business assets. These agreements are governed almost exclusively by state law, and that law varies from one state to another. There are numerous compliance-related, jurisdictional, choice-of-law, remedy and dispute resolution considerations that must be included in (or excluded from) these protective agreements. A misstep in drafting can lead to an unwelcome encounter with state or federal agencies, including the Securities Exchange Commission and the Federal Trade Commission, to name a couple.
Non-Compete and Non-Solicitation Agreements particularly are subject to nuances of state law. Over the past few years, many states have enacted legislation to limit the use enforceability of such agreements, and they are outright illegal and unenforceable in three of them. In other states, an aggregation of traditional case law serves as the only guidepost as to what is and what is not enforceable. Well-considered and properly drafted and implemented noncompete provisions can and should be included in employee and other service provider agreements to protect against unfair competition in a manner that complies with these legal requirements. The distinction between a legitimate and enforceable agreement and a non-compliant or unenforceable agreement often is nuanced, but critical. Non-compete agreements must be drafted such that they go no further than necessary to protect the Company’s legitimate business interests for a reasonable period of time. “Form” agreements rarely meet that standard.
Type of Clients we Work With:
At Avisen Legal, we work with a wide array of clients from many industries and representing many different types of businesses including:
- Closely-held businesses in all industries
- Multi-generational family businesses
- For profit and not-for-profits firms
- Start-ups firms and executives
- Private Equity
- C-Suite executives in the public sector
- Senior Managers
- Highly compensated sales and marketing personnel
Our Approach to Employment Law
Each of our lawyers are extremely skilled, experienced, and have spent their entire careers helping clients like you solve their most complex employment law issues. As business owners, we can empathize with your situation, which allows us to give the right advice at the right time.
We provide results-oriented, practical advice, and understand that almost every business decision you make has legal implications. Because of our experience, we know exactly what legal pitfalls to consider – especially in the important areas of staffing and managing your employees. Employment law can be fraught with conflict, and as your lawyers, it is our job to help you deal proactively with those issues as they arise. Ideally, we are working regularly with you in your business, and can provide the proactive advice you need to avoid many employment law issues.
Contact us and let us know how we can help you with your employment law questions. We will get back to you as soon as possible: