Drafting Employee Non-Competition Agreements With a Litigation Perspective
A litigator attempting to enforce a non-competition agreement against an employee is stuck with a document that may have been negotiated years before. Provisions which pleased the client when the agreement was drafted because of restrictions placed on the employee, may stand in the way of obtaining meaningful relief against the employee in court. While options may be limited at the time of litigation, when the non-compete is drafted and negotiated, the lawyer has a clear slate to create a document and make a record that will facilitate enforcement. View full article (PDF).
This article first appeared in the Spring 2007 issue of Business Litigation Committee Newsletter.