Non-Compete Law


Minnesota non-compete attorney Craig W. Trepanier of the Trepanier MacGillis Battina P.A. law firm in Minneapolis, Minnesota routinely handles matters involving:  

  • Minnesota non-compete and non-solicitation agreements
  • Minnesota non-disclosure and confidentaility agreements
  • Minnesota restrictive covenants
  • Minnesota anti-raiding covenants
  • Minnesota Uniform Trade Secrets Act
  • Minnesota Deceptive Trade Practices Act
  • misappropriation of trade secrets and confidential information
  • breach of fiduciary duty
  • breach of the common law duty of loyalty
  • deceptive trade practices
  • unfair competition
  • business defamation and disparagement
  • unjust enrichment
  • tortious interference with contractual relations
  • tortious interference with prospective business advantage
  • unlawful interference with customer relationships
  • disgorgement of business profits
  • equitable accounting
  • Federal Computer Fraud & Abuse Act (CFAA)
  • related business torts involving unfair competition

Mr. Trepanier represents both employers and employees in the Minnesota state and federal courts to obtain or defend against motions for injunctive relief such as Temporary Restraining Orders (TROs), temporary injunctions, preliminary injunctions, and permanent injunctive relief surrounding non-compete agreements and other restrictive covenants.  

When an employer seeks to enforce a Minnesota non-compete agreement, oftentimes obtaining injunctive relief is the best way to protect its confidential information and customer relationships.  In order to obtain an injunction, the employer must begin a lawsuit and bring a motion for injunctive relief.  Generally, the employer must demonstrate that it is likely to prevail on the merits of the lawsuit and will suffer irreparable harm if the injunction is denied (such as deflection of customers and lost business profits that will be difficult to measure).  If you are an employer that wishes to enforce a Minnesota non-compete agreement, the courts are less likely to grant injunctive relief unless you act immediately after learning of the threat posed by the competing employee.

If you are an employee who has received a "cease and desist" letter from your former employer instructing you to honor the terms of your Minnesota non-compete agreement, it is important for you to obtain legal advice immediately.  Often, failure to respond to the "cease and desist" letter will result in a lawsuit being filed against you by the former employer.  As noted above, often the employer couples the lawsuit with an emergency request for immediate injunctive relief such as a Temporary Restraining Order (TRO) to enforce the non-compete agreement.  The hearing on the TRO motion can take place almost immediately after the lawsuit is filed; sometimes even the same day or within 24 or 48 hours.

If you are a company that wishes to hire an employee with a Minnesota non-compete agreement, you should obtain legal advice regarding the validity of the non-compete agreement.  Under Minnesota law, an employer that knowingly hires an employee away from a competitor with a valid non-compete agreement could be liable to the former employer under a theory called "tortious interference with contractual relations."  The notion is that the new employer is liable for damages to the former employer caused by inducing the employee to breach the non-compete agreement by accepting the job with your company.  Damages can include lost profits as well as the former employer's attorney's fees and court costs.  While not all Minnesota non-compete agreements are enforceable, it is important for you to obtain sound legal advice before the former employer chooses to start a lawsuit against your company, which may include a request for immediate injunctive relief.

Contact Non-Compete Firm Trepanier MacGillis Battina P.A.:

Trepanier MacGillis Battina P.A. is an experienced, knowledgeable, and reputable Minnesota non-compete law firm. Craig can help you draft your non-compete agreement, review whether your non-compete agreement is legally enforceable under Minnesota law, help prevent a former employee from violating a non-compete agreement, or represent both employees and employers in non-compete lawsuits including motions for TROs and other injunctive relief. Contact Minnesota non-compete attorney Craig W. Trepanier to learn more about his practice. 

Craig W. Trepanier, Esq.
Trepanier MacGillis Battina P.A.
8000 Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415
Phone: 612.455.0502
Fax: 612.455.0501

Minnesota Non-Compete Articles and Presentations:

Minnesota non-compete attorney Craig W.Trepanier has written and spoken extensively about Minnesota on-compete agreements.  Some of his recent articles and presentations are highlighted below:

Minnesota Non-Compete Law:  Visit to answer all of your questions regarding Minnesota non-compete agreements, non-solicitation agreements, non-disclosure agreements, restrictive covenants, breach of fiduciary duty, breach of the duty of loyalty, unfair competition, temporary restraining orders (TROs), temporary injunctions, and non-competition lawsuits and litigation strategies and case law developments in the State of Minnesota.   

Minnesota Trade Secrets Law:  Visit to answer all of your questions regarding Minnesota trade secrets, including questions about the Minnesota Uniform Trade Secrets Act ("UTSA"), how to protect confidential and proprietary business information, breach of the common law duty of loyalty, confidentiality agreements, non-disclosure agreements, NDAs, remedies and damages for misappropriation of trade secrets, temporary restraining orders (TROs), temporary injunctions, and trade secrets lawsuits and litigation in the State of Minnesota.

Non-Compete Agreements: Can They Be Assigned Under Minnesota Law? (Craig W. Trepanier & James C. MacGillis, The Hennepin Lawyer August 2009).  This article discusses whether a Minnesota non-compete agreement can be assigned under Minnesota law as part of an asset sale, stock sale, or corporate merger and includes a discussion of the most important Minnesota court decisions regarding the assignability of non-compete agreements in the State of Minnesota.  

Non-Compete Agreements:  Are They Assignable Under Minnesota Law? ( website September 2009).  This article is an expanded version of the article published in The Hennepin Lawyer regarding the assignability of Minnesota non-compete agreements under Minnesota law. 

The Assignability of Non-Compete Agreements in Minnesota (CLE) (Craig W. Trepanier & James C. MacGillis, West Continuing Legal Education October 2009).  Minnesota non-compete attorneys Craig W. Trepanier and James C. MacGillis presented a Continuing Legal Education Seminar discussing whether Minnesota non-compete agreements can be assigned under Minnesota law as part of an asset sale, stock sale, or corporate merger.  This Minnesota non-compete agreement CLE can be viewed via webcast by clicking on this link.