Restrictive Covenants: Looking Beyond The Criticism

Law360, New York (June 13, 2017, 12:41 PM EDT) -- Noncompete provisions and other restrictive covenants have been harshly criticized in the press in recent months. The disapproving reports tend to highlight selected cases, involving relatively low-level labor positions and circumstances that appear, at least at first glance, to result in harsh and unfair outcomes. Given the widespread use of restrictive covenants, and the number of employees and businesses involved, it is a rush to judgment to review a few cases and conclude, uniformly, that restrictive covenants are unfair to workers and have purely negative economic...
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