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What I've Been Reading This Week: Non-Compete Agreement Edition

It has been a busy week in trial, so I have not had a chance to read through as much as I would have liked.  With that being said, I found a few articles on one of my favorite employment law topics:  Non-Compete Agreements.  Each article has a different insight and look at non-competes...something for everyone.


The Wild Card in Non-Compete Cases: The Judge

For those of us who are litigators, most, if not all cases eventually turn on who the judge is and how things play out before him or her in court.  One of the partners at my firm says the outcome of every case depends upon what the judge had for breakfast that morning...I could not agree more.  This is a good article on a non-compete case that an attorney had before a particular judge and that judge's reaction to whether the terms of the restrictions in the non-compete were "reasonable".  



Non-compete agreements are one of my favorite legal topics.  I have written on the topic before and always enjoy when a case or well written article on the topic comes along.  This is one of those times.  This article has some thoughts that employees need to keep in mind before signing a non-compete agreement.  Even for those employees who do not have any questions or are confident they know what they are doing, would be wise to give this article a read through.


5 Attributes of Successful Non-Compete Agreements

This is a good article with five points on how successful non-compete agreements can be shaped.  Most of the five points are laid out with an eye towards possible litigation of non-competes, and how the non-competes can be drafted to avoid potential issues if contested in court.  It is always a good idea to check on what the non-compete laws are in each state before drafting (or signing) a non-compete.  In any event, this article is still on point and has some good ideas to keep in mind.

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