A Strategy For Winning Non-Compete Cases

Law360, New York (January 11, 2007, 12:00 AM EST) -- In highly competitive industries, it is customary to have employees sign non-competition agreements. Employers, however, may be surprised to find courts favor employees in interpreting the enforceability of pure non-compete agreements, but will generally enforce a non-solicitation clause.

For this reason, companies should consider using two-fold agreements incorporating both non-competition and non-solicitation provisions. Should litigation arise, the employer can devise a legal strategy based on either the non-compete or non-solicitation provision.

* Criteria for enforceable employment covenants *

Restrictive employment provisions are enforceable when carefully drafted...
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