Our firm represents small businesses and employees in the areas of non-competition, non-solicitation and non-disclosure agreements, whether it is a small business faced with how to retain quality employees and prevent unfair competition or employees, including executives, managers, highly-compensated salespersons and other employees who are either thinking about leaving their current employment, starting their own business, or joining a competitor, Arckey & Steele, LLC has both the transactional and litigation experience to represent you.
Competition and trade secrecy disputes often arise during employee departures, business transitions, or allegations of unfair competition. We regularly represent both businesses and individuals in matters involving the following.
Non-Competition Agreements
We examine the changing laws around restrictive covenants in Colorado to see if a non-compete is legally enforceable or an illegal barrier to trade. Our goal is to protect business continuity while making sure that high-level professionals are not hindered by overly broad or invalid restrictions.
Non-Solicitation Agreements
We litigate disputes involving the alleged “poaching” of clients or employees, a critical battleground for maintaining a company’s stability. Whether you are defending a new venture or protecting an established firm, we examine the specific contractual boundaries to stop the unfair loss of your professional network.
Non-Disclosure Agreements (NDAs)
Breaches of confidentiality can compromise years of research and development in an instant. We handle the enforcement of NDAs to stop the unauthorized flow of information and pursue damages when sensitive proprietary data has been leveraged by a competitor.
Trade Secret Misappropriation
Under the Colorado Uniform Trade Secrets Act (CUTSA), we handle claims related to the theft of “intangible” assets such as algorithms, customer lists, and internal processes. We act swiftly and often seek injunctive relief to prevent the use of stolen data before it harms your competitive edge.
Unfair Competition Claims
When a competitor engages in misleading practices, defamation, or harmful interference to gain an edge in the market, we step in to restore fairness. We hold people responsible for unethical business tactics that move from strong competition into legal trouble.
Duty of Loyalty Disputes
We handle high-stakes cases where an officer, director, or key employee is accused of “self-dealing” or diverting opportunities while still on the payroll. These matters require a forensic review of fiduciary obligations to determine whether a breach of trust occurred during a business transition.
Executive & Management Restrictive Covenants
C-suite departures involve unique risks regarding specialized knowledge and trade secrets. We draft and litigate specialized covenants for executives that satisfy Colorado’s strict “highly compensated employee” requirements, ensuring top-tier talent transitions don’t leave the company vulnerable.
Business Litigation Involving Intangible Assets
Modern value isn’t just in property; it’s in goodwill, brand reputation, and specialized “know-how.” We represent clients in complex litigation where the core of the dispute is the ownership and protection of the invisible assets that drive a company’s market valuation.
Contacting an Attorney
Navigating the High-Stakes Tension of Colorado Competition Law
In Colorado, the law attempts to balance two competing interests: a business’s right to protect its hard-earned proprietary assets and an individual’s right to work and earn a fair wage. At Arckey & Steele, we have navigated this tension for decades, representing both businesses and professionals in disputes where millions of dollars in economic value are often at stake. Whether your company’s survival or your ability to stay in your chosen field is at stake, our attorneys have the courtroom experience needed to protect your interests.
The Evolving Landscape of Colorado Non-Compete LawWorkplace restrictions in Colorado are mainly governed b C.R.S. § 8-2-113. This law has undergone significant updates recently. Non-competition and non-solicitation agreements are usually considered “void” unless they meet specific legal exceptions. Currently, enforceable restrictions are typically limited to:
Sale of a Business: Protecting the goodwill purchased during a business or asset acquisition.
Highly Compensated Employees: Agreements protecting trade secrets involving management, executives, or professional staff who meet specific salary thresholds.
The “Trade Secret” Exception: Requirements that the restriction is no broader than necessary to protect actual trade secrets as defined by Colorado law.
Trade Secrets: The Secrecy and “Value” TestUnder the Uniform Trade Secrets Act (UTSA), C.R.S. § 7-74-101, information only qualifies as a “trade secret” if it is both secret and commercially valuable. While value is often assumed, the legal battleground usually centers on secrecy. To maintain trade secret status, the owner must prove they took “protective measures” to guard the information. Universal knowledge of information removes its protection. We assist clients in evaluating whether their customer lists, internal processes, or software code meet the rigorous case-by-case standards of the UTSA.
Reasonableness: Time and GeographyEven when a non-compete is legally authorized, it must be “reasonable.” A restriction that is too broad in duration or geographic reach will not be enforced.
Context Matters: A worldwide geographic restriction might be reasonable for a global software developer, but entirely unenforceable for a local dental practice.
Fact-Specific Defense: We analyze the specific industry and market dynamics to determine if a restriction is a legitimate protective measure or an illegal restraint on trade.
Special Protections for Physicians (C.R.S. § 8-2-113(3))Colorado law treats medical professionals differently. Provisions that flatly prohibit a physician from practicing in a specific location are generally void. Instead, the law allows for liquidated damages provisions if a physician leaves to compete. These damages must be calculated with extreme precision based on specific case law; our firm has extensive experience designing and litigating these specialized medical covenants.
The Duty of Loyalty and Trade “Values”Beyond statutes, Colorado common law protects “Trade Values”; information that may not be strictly secret but represents a significant manifestation of a business owner’s labor and expense. Additionally, the Duty of Loyalty prevents certain employees from “self-dealing” or diverting business opportunities while still employed. We help clients navigate these non-statutory protections to ensure fair play during sensitive business transitions.
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Stop Unfair Competition Before It Costs You More
Disputes over non-competes and trade secrets often need quick and careful action.Trust your case to lawyers who know how to protect businesses, careers, and private information under Colorado law.
What to Expect in a Competition or Trade Secrecy Matter
1Initial Assessment
We start by reviewing the agreements, the conduct in question, and the business or employment context. This helps us evaluate enforceability and risk.
2Strategic Planning
Each situation needs a specific strategy, whether it involves enforcement, defense, negotiation, or litigation. We assess timing, leverage, and possible solutions early on.
3Negotiation or Injunctive Relief
Many disputes involve urgent concerns. We pursue negotiated resolutions when appropriate and seek injunctive relief when immediate action is required.
4Litigation, If Necessary
When we cannot resolve disputes, we are ready to pursue litigation vigorously. This includes seeking damages and equitable relief.
What Sets Us Apart
Precision in Competition Litigation
Our goal is simple: do fewer cases, and do them exceptionally well.
Deep Experience with Colorado’s Shifting Statutes
Colorado’s laws on non-competes and trade secrets have become some of the most complex in the nation following recent legislative overhauls. We don’t rely on outdated templates. We offer a sophisticated understanding of C.R.S. § 8-2-113 and the Uniform Trade Secrets Act, ensuring your strategy is built on current case law and the very latest statutory thresholds.
Partner-Led Forensic Analysis
Competition cases are won or lost in the details, forensic data trails, “highly compensated” salary math, and proof of protective measures. You won’t be handed off to a junior associate who is learning the law on your dime. You work directly with a partner who has decades of experience dissecting trade secret claims and identifying the “weak links” in an opponent’s restrictive covenants.
Trial-Ready Leverage for High-Stakes Transitions
The best way to avoid a trial is to show the opposition you are ready for one. Whether we are seeking an emergency injunction to stop a trade secret leak or defending an executive’s right to move to a new role, our reputation as seasoned litigators provides the leverage needed to resolve disputes favorably and discreetly before they devastate your business.
Meet Our Team
Experienced Competition & Trade Secrecy Attorneys
When you hire Arckey & Steele, you work directly with experienced attorneys who are personally invested in your case.
Founder & PartnerEric S. Steele
Tackles cases involving personal injury, business, and employment matters. Eric has significant experience securing meaningful recoveries for injured clients.
Brings over four decades of litigation experience and a strategic approach shaped by years of representing individuals and businesses, often in the courtroom.
With recent legislative changes, the “Highly Compensated Employee” threshold is a critical barrier. If an employee earns below the inflation-adjusted statutory threshold, a non-compete is likely void. We help businesses audit their agreements to ensure they are compliant with the current 2026 standards.
It isn’t enough to call something a secret. You must prove you have limited access on a “need-to-know” basis, use password protection or encryption, and utilize signed NDAs. If the information was easily accessible to all staff, the court may rule that you failed to protect it.
Never ignore a signed agreement without legal counsel. Even an unenforceable agreement can lead to a costly lawsuit or an injunction that freezes your ability to work while the case is litigated. We provide strategic reviews to determine your risk level before you make a move.
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Protect Your Business or Your Future
Competition and trade secrecy disputes can threaten careers, businesses, and livelihoods. Whether you are claiming your rights or defending against limitations, seeking legal advice early is important.
