Executive Summary: Employers face practical concerns and legal issues when drafting and enforcing noncompete agreements and other restrictive covenants.  Though these issues vary widely from state to state, FordHarrison has developed Restrictive Covenant FAQs: How to Protect Your Business, Data, Intellectual Property, and People from Unfair Competition, a practical guide answering frequently asked questions concerning drafting and enforcement of restrictive covenants common to employers nationwide.

This guide helps employers identify important issues concerning the creation of enforceable restrictive covenants and serves as a starting point in the process of designing and drafting enforceable restraints on employee mobility. Restrictive Covenant FAQs also addresses alternatives to noncompete agreements; how to protect trade secrets and other confidential or proprietary information; and restrictive covenant enforcement actions. 

For information on how to request a copy of the Restrictive Covenant FAQs, visit the In Depth Analysis page of FordHarrison's Knowledge Center.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.