Frank A. Custode, Partner in the Labor and Employment Practice Group and Joshua S. Bauchner, Partner in the Labor & Employment and Litigation Practice Group authored an article for the New York Law Journal.
The evolving legal scrutiny surrounding non-compete agreements has placed businesses in a precarious position. These agreements, designed to safeguard proprietary interests and competitive advantage, now face stricter regulation and enforcement challenges. As more jurisdictions reevaluate their stance on non-competes, businesses must adopt proactive strategies to protect themselves.
Key Considerations for Employers:
- Focus on Confidentiality Agreements: A robust confidentiality policy is a practical alternative to non-competes, ensuring sensitive information remains protected.
- Revamp Non-Solicitation Clauses: Targeted restrictions on client or employee solicitation can achieve similar goals while adhering to legal norms.
- Customize Contracts by Region: Since legal standards vary by jurisdiction, tailored agreements mitigate potential conflicts.
- Enhance Onboarding Processes: Reinforcing company loyalty through training and clear communication reduces turnover and minimizes disputes.
The non-compete landscape will continue to shift. By staying informed and working with experienced legal counsel, businesses can navigate these changes effectively, balancing innovation with protection.
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