Negotiating Enforceable Noncompetition and Non-Solicitation Agreements: Compliance With State Statutes and Case Law

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, December 8, 2020

Recorded event now available

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Course Materials

This CLE course will discuss current legislative and case law trends regarding noncompetition and non-solicitation agreements, offer best practices for structuring enforceable contracts, and explain how to determine whether existing agreements are lawful.


Companies often require their employees to sign restrictive covenant agreements that include noncompetition, non-solicitation, and confidentiality clauses. A noncompete prohibits a former employee from working for a competitor, while a non-solicit typically prohibits a former employee from soliciting customers and employees.

State laws differ widely regarding restrictive covenants. Some states, like California, will generally not enforce a noncompete agreement. Other states, like Illinois, may apply a restrictive covenant if the employer provided adequate consideration to the employee for the covenant, and the covenant is necessary to protect a company's legitimate business interests.

Noncompetition and non-solicitation agreements can be crucial to a company's bottom line, but drafting and enforcing those pacts is tricky business. Counsel must know the legal standards that vary state by state and stay abreast of rulings and legislative changes that may happen without much fanfare.

Listen as our distinguished panel discusses the recent legislative changes and case law trends relating to restrictive covenants and guides employment counsel regarding best practices for structuring permissible agreements and analyzing whether existing agreements are lawful.



  1. Overview of recent legislation and case law decisions impacting restrictive covenants
  2. Analysis of trends in restrictive covenants from state to state
  3. Discussion of how to analyze existing restrictive covenants
  4. Best practices for employers and employment counsel in structuring new agreements to ensure compliance with recent changes


The panel will review these and other relevant topics:

  • What are the recent legislative changes impacting restrictive covenants?
  • What are the recent case law decisions affecting noncompete and non-solicitation agreements?
  • How can employers structure restrictive covenants to comply with new laws and decisions?
  • How can employment counsel analyze existing agreements for compliance?


Bindra, Amit
Amit S. Bindra

The Prinz Law Firm

Mr. Bindra focuses his practice on employment and executive agreements, noncompete, non-solicit and trade secret...  |  Read More

Milligan, Robert
Robert B. Milligan

Seyfarth Shaw

Mr. Milligan Co-Chairs the firm's Trade Secrets, Computer Fraud & Noncompetes Practice Group. His practice...  |  Read More

Rasnick, Lauri
Lauri F. Rasnick

Epstein Becker & Green

Ms. Rasnick is an experienced litigator and trusted advisor to businesses and their executives, with a concentration in...  |  Read More

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