Topic: restrictive covenants


We encounter this scenario a lot: a company executive preparing contracts for key employees, or considering whether to enforce a restrictive covenant against a former employee, will sigh with resignation and say, “What’s the point? Courts won’t enforce a noncompete anyway, right?”  Or an individual, who is considering resigning from her current position and taking…

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Will The Material Change Doctrine Reduce Your Ability to Enforce Your Non-Competes?

Consider this:  An employee signs a perfectly reasonable non-compete/non-solicitation agreement at the inception of employment.  The employee remains with the employer for ten years and during that period, receives several promotions each of which changes or increases the employee’s duties.  Each of these jobs requires the employee to have significant customer contacts and become privy…

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