Summary Article on Non-competition Agreements
Linda Woolf recently published an excellent broad view summary of the law of non-competition agreements. The article identifies most of the core concepts involved in litigation over covenants not to compete (i.e., the enforceability of an agreement based upon its scope and purpose, and the procedural aspects of suits for alleged violations of non-compete agreements). The article does not go into great detail in analyzing each issue, but instead provides a good checklist of issues to have at your disposal when thinking about a non-compete case. For example, is a non-compete agreement assignable? What remedies are appropriate if a breach is proven? The article does not provide all of the answers; for those, you must look to the specifics of the jurisdiction governing the contract.