Greenberg Traurig recently published an InfoPAKSM on covenants not to compete through the Association of Corporate Counsel (ACC). Covenants not to compete are important for employers to consider in order to protect proprietary information such as trade secrets, intellectual property, and highly confidential information. However, these post-employment restrictions vary state by state.  These differences should be considered to ensure an employer enters into an enforceable agreement with an employee.

The InfoPAKSM provides a comprehensive summary of the law governing covenants not to compete in each of the 50 states and D.C., including the key statutes, whether consideration is required, whether they are enforceable, and the geographic and time restrictions courts have found to be reasonable. The InfoPAKSM is intended to be used by in-house counsel to understand the law surrounding covenants not to compete in each state. This resource can aid in the counseling and drafting of covenants and provide guidance regarding commonly-occurring contract issues, including factors that courts consider when analyzing a covenant not to compete.

Members of the ACC can download the InfoPAKSM on the ACC’s website.