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].”
Author(s)
Related Insights
July 25, 2025
Foley Viewpoints
Thorny Laws That ICHRA Vendors Should Consider, Part Three: FinTech Edition
We continue our series on the legal and regulatory challenges facing individual coverage health reimbursement arrangements (ICHRAs); this…
July 24, 2025
Manufacturing Industry Advisor
Foley Automotive Update
Analysis by Julie Dautermann, Competitive Intelligence Analyst Foley is here to help you through all aspects of rethinking your long-term…
July 23, 2025
Foley Viewpoints
The One Big Beautiful Bill and Workplace Immigration Enforcement
The “One Big Beautiful Bill Act,” signed into law by President Trump on July 4, 2025, will fund government efforts to continue to…