Illinois Restrictive Covenants Face A Sea Change If Bill Passes

Law360 (January 19, 2021, 3:41 PM EST) -- Illinois courts, and to perhaps a lesser extent, the Illinois Legislature,[1] have long struggled with restrictive covenants in the employment context.

On the one hand, Illinois courts have sustained such covenants when reasonable to protect the interests of the business[2] and even stepped in to reform them when some of the restrictions are reasonable yet others found not to be.[3]

On the other hand, although Illinois courts have historically been willing to modify or reform agreements to be reasonable where they otherwise were not, courts of late have expressed some reluctance to salvage an agreement on behalf of an employer, thus...

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