In our recent webinar, "Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles," Seyfarth's Trade Secrets, Computer Fraud & Non-Compete partners Dawn Mertineit and Dallin Wilson explored the evolving legal landscape surrounding restrictive covenants. As courts and lawmakers continue to scrutinize non-competes, non-solicits, and NDAs, employers must adapt their agreements to remain enforceable while protecting critical business interests. The session provided key insights into judicial trends, legislative updates, and best practices for drafting enforceable restrictive covenants.
Key Takeaways from the Webinar
- The legal landscape is shifting rapidly. Courts and legislatures are continually reshaping restrictive covenant law, requiring employers to stay informed and update their agreements accordingly.
- Broad restrictive covenants are facing more judicial resistance. Many courts now refuse to narrow overbroad agreements, meaning employers should carefully draft restrictions to be no broader than necessary to protect legitimate business interests.
- Jurisdiction matters. States are increasingly imposing venue and choice-of-law restrictions, making it more difficult for employers to enforce restrictive covenants in their preferred jurisdictions. Businesses should strategically consider where enforcement will be most effective.
Missed the live session? Click here to watch the full webinar recording.
Originally published 17 March 2025
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