Partner Mark Neuberger was quoted in a Law 360 article, “How to Draft a Noncompete that Won’t Irk Workers, Courts,” covering his advisements to clients about what exactly they should want protected, and from whom they want to protect it.
Neuberger explained that “there’s a great tendency for employers to want to overdo it,” and continued by saying “it’s really good for a company to start with the proposition, ‘What is our business, and what is it we actually do or are likely to do in the near future, and who is our competition? The more specifically you can define that, I think the more likely you’re going to be able to enforce [a noncompete].”
Neuberger explained that “there’s a great tendency for employers to want to overdo it,” and continued by saying “it’s really good for a company to start with the proposition, ‘What is our business, and what is it we actually do or are likely to do in the near future, and who is our competition? The more specifically you can define that, I think the more likely you’re going to be able to enforce [a noncompete].”
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