With carefully considered and properly drafted non-compete agreements, a company can effectively prevent employees from using its confidential information and trade secrets, taking customers or clients, and even competing in a narrowly defined geographic region.
We hosted an interactive Foley Executive Briefing Series discussion, during which attendees learned how to maximize the return on the legal investment incurred by developing enforceable non-competes — including valuable drafting tips — and gained a thorough understanding of the issues courts consider when determining whether to enforce non-competes. Key topics included:
- Issues courts consider when analyzing non-competes
- Drafting considerations for sales employees versus research and development employees
- Non-competes sought after employment commences
- Reasonable geographic and temporal scopes in local jurisdictions
- Seeking injunctions or other equitable relief
- How courts reform overbroad covenants
The discussion was led by David S. Sanders, Foley Partner and member of the firm’s Transactional & Securities, Commercial Transactions & Business Counseling, Private Equity & Venture Capital, and Real Estate Practices, and Nancy A. Voisin, Chief Legal Officer of Hanger Orthopedic Group, Inc.
For additional information, please contact Honey Campagna at hcampagna@foley.com.
What You Need to Know About Drafting Enforceable Non-Compete Agreements is part of the Foley Executive Briefing Series. Learn more about upcoming programs in the series at Foley.com/FEBS.
