Non-Compete Agreements Contract Drafting

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
News & Analysis as of

The Multi-State Non-Compete Agreement “Drilled Down”

Our February article addressed the options available to the multi-state employer attempting to design its non-compete agreements within the “tangled mess” of the various state laws applicable to agreements for employees who...more

What factors bear upon the enforceability of noncompete agreements? P.2

In our last post, we began speaking about the factors that are taken into consideration when determining the enforceability of noncompete agreements. We’ve already mentioned that the fundamental consideration is whether the...more

Track More Than Case Law When Drafting a Noncompete Covenant

No doubt, ensuring that any agreement is consistent with judicial precedent is critical if you want to enforce that agreement at some point in the future. Nevertheless, merely incorporating precedential concepts or language...more

Avoiding Litigation: Using Non-Compete Agreements to Protect Your Business Assets

In this presentation: - Enforceability of non-compete agreements and other restrictive covenants - Why using a form agreement is a bad idea - Using restrictive covenants as a proper shield -...more

New Year’s Resolution: Review Non-Compete

With the holidays around the corner, college football “Bowl Season” ramping up, and the singing of Auld Lang Syne within earshot, many employers not in the retail or travel businesses are wrapping up 2014 and preparing to...more

Et tu, Brutus? Yet Another New York Court Offers Guidance on the Do’s and Don’ts (Mostly Don’ts) in Post-Employment Restrictive...

A recent non-compete case out of a New York County court offers employers valuable drafting tips on non-compete and non-solicitation provisions....more

Protecting Trade Secrets When Employees Depart [Video]

Employment and labor lawyer Richard Warren discusses how employers can better protect one of their most valuable assets—their trade secrets....more

Act Now Advisory: Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration...

In June 2013, the Illinois Appellate Court for the First District (i.e., Cook County) held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate...more

Missouri Employers Need to be Careful in Drafting Non-Competes

Noncompete agreements?and their enforceability?have been making headlines lately. While Missouri courts continue to generally enforce properly drafted and reasonable non-compete, non-solicit and non-disclosure agreements,...more

Twas the Night Before Christmas -- Non-Compete Style

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Illinois Supreme Court Lets Ruling Stand Requiring Two Years of Employment to Support Restrictive Covenant

The enforceability of post-employment restrictive covenants in Illinois suffered a set back on October 14, 2013, when the Illinois Supreme Court refused to review an appellate decision that held that two years of employment...more

Scripts - November 2013

In this issue: - New Wellness Program Rules for 2014 - Now That We Know The Basic Rules… Drafting Covenants Not To Compete To Maximize The Likelihood Of Enforcement - Excerpt from New Wellness Program...more

Latest From The Supreme Court Of Canada On Restrictive Covenants In The Commercial Context

On September 12, 2013, the Supreme Court of Canada issued its decision in Payette v. Guay Inc. Although this decision originated in the Quebec courts and involved the application of the Civil Code of Quebec, the Court’s...more

Ten Drafting Tips For Covenants Not To Compete

A recent article in the Wall Street Journal discussed the rise in litigation regarding covenants not to compete, along with a summary of the positives and negatives of these covenants....more

Guidelines of the Federal Antimonopoly Service

In this alert we discuss the Guidelines on the Procedure and Technique of Analysis of Joint Venture Agreements Containing Non-Compete Clauses which were approved by the Presidium of the Federal Antimonopoly Service (FAS of...more

Is An Assigned Non-Compete Agreement Enforceable?

In the case of a merger or acquisition, the successor company might take an assignment of the current non-compete agreements in favor of the predecessor company....more

Labor Letter, July 2013: Social Media And Trade Secrets

Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for...more

Recent Decisions Provide Guidance on Drafting Noncompetition Agreements under Massachusetts Law

Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an...more

Where Does Your State Stand on Non-Compete Agreements?

While non-compete agreements are fairly common in today’s business world, states treat them differently. For example, Virginia disfavors non-compete agreements and will not enforce them unless they are narrowly tailored to...more

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