Non-Competition, Non-Solicitation, and Non-Disclosure Agreements Line by Line: A Detailed Look at Restrictive Covenants and How to Change Them to Meet Your Clients' Needs

Written by practicing attorneys with nationwide experience in drafting and litigating restrictive covenants, Non-Competition, Non-Solicitation, and Non-Disclosure Agreements Line by Line is a comprehensive examination of the crucial components included in an enforceable non-competition agreement for an employee. The authors explain the reasoning behind the various clauses in the agreement, and explore the rationale for using different agreements to help meet the specific needs of each client. This book discusses the difficulty in enforcing non-competition agreements, and examines how to draft provisions to maximize the opportunity for enforcement. It covers such topics as addressing various states' approaches to non-competes, determining the appropriate scope of non-solicitation and non-competition provisions, deciding whether or not to utilize a "garden leave," understanding the importance of choice of law provisions, and analyzing the consideration offered in exchange for a restrictive covenant. Non-Competition, Non-Solicitation, and Non-Disclosure Agreements Line by Line is a valuable resource for anyone who has ever negotiated or drafted a restrictive covenant, as well as for any employee who is about to enter into such an agreement.

About the Authors

Gary D. Blachman is a partner in the employee benefits and executive compensation group of Thompson Hine LLP. Mr. Blachman represents retirement plan sponsors in controversies before the Internal Revenue Service and the U.S. Department of Labor, advises fiduciaries on their obligations and liabilities under the Employee Retirement Income Security Act, and counsels global employers regarding employee benefit issues in employment agreements and corporate transactions.

Deborah S. Brenneman is a partner in the labor and employment group of Thompson Hine LLP. Ms. Brenneman works with companies with regard to all of their employment law needs, including employment litigation, counseling, training, policy development, and investigation of employee issues and complaints. She has extensive experience in drafting and litigating non-competition and non-solicitation agreements around the country.