How NOT to Draft an Enforceable Non-Competition Agreement

To be enforceable, non-competition agreements must, as a general rule, be reasonable and unambiguous in terms of their geographic scope, the types of activities proscribed, and duration. If an agreement is ambiguous, or if it is overly restrictive in any respect, the entire agreement is usually unenforceable. Courts will not re-write agreements or read-out offensive language. They just strike the whole agreement down.

In our most recent Update, read more about our recipe for ensuring your non-competition agreements are UN-enforceable.

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