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Within the sixth installment of our 2022 Commerce Secrets and techniques Webinar Collection, Seyfarth attorneys Daybreak Mertineit and Robyn Marsh mentioned ideas and greatest practices for multijurisdictional companies with regards to restrictive covenants, together with non-compete and non-solicitation agreements.
As a conclusion to this webinar, we compiled a abstract of takeaways:
- There isn’t any “one-size-fits-all” method to put together a restrictive covenants settlement for a number of jurisdictions. Employers ought to think about whether or not they need one single settlement that can be utilized for his or her complete workforce inhabitants (together with throughout a number of jurisdictions, for each new and current workers, and/or for varied tiers of workers), or completely different permutations. Seyfarth attorneys may also help you identify which is the very best match for your enterprise.
- Be cautious of overbroad drafting. Even in states during which a court docket can judicially reform an overbroad settlement, the clear development doesn’t favor employers who implement terribly broad covenants with an in terror results.
- New laws is creating an increasing number of difficult hurdles to enforcement of non-competes. Employers ought to be notably aware of fee-shifting provisions (or different monetary penalties) and selection of regulation/discussion board choice necessities.