Unfair Competition

Elarbee Thompson is a recognized leader in the area of Unfair Competition law. Because we take the time to understand our clients’ business needs, we are able to help identify and protect their interests and set and achieve realistic goals. Because we litigate these issues every day, our team of experienced attorneys is uniquely able to craft enforceable restrictive covenants – and anticipate and preemptively address issues before a dispute arises.

We take a comprehensive approach to protecting our clients’ interests, including preparing restrictive covenants that protect companies from unfair competitive activities by their employees and business partners; managing the risks that arise when employees are hired or fired and when businesses are sold and representing our clients in litigation when they are the victims, or accused, of unfair competitive behavior.

While we are able to prevent litigation in most cases, when it is unavoidable, our experience allows us to move quickly to secure a temporary restraining order or declaratory judgment, conduct an early assessment of the case, gather and analyze any computer forensics and other evidence and achieve a prompt and favorable resolution.

Clients trust us to protect the business they have worked so hard to build.

We regularly represent clients throughout the country in matters involving a wide variety of unfair competition claims, including:

  • Violations of non-compete, non-solicitation, non-recruitment, and non-disclosure agreements
  • Misappropriation of trade secrets
  • Breach of fiduciary duty/duty of loyalty
  • Tortious interference
  • The Computer Fraud and Abuse Act and other computer-related torts
  • RICO

Client Successes

Secured a TRO on behalf of a computer company against several former sales professionals based on the restrictive covenants contained in their employment agreements.

Obtained a permanent injunction against a former employee on behalf of a leading medical practice, based on covenants governed by Georgia’s Restrictive Covenant Act.

Won TRO and preliminary injunction under the Computer Fraud and Abuse Act and the Stored Communications Act on behalf of a moving company against a former employee who engaged in disloyal conduct.


Selected by CORPORATE INTL as the 2012 Georgia Unfair Competition Law Firm of the Year.


Douglas H. Duerr