FordHarrison attorneys Mark Saloman and Joanna Rich's article, "Restrictive Covenants in the U.S. and Europe," was published in the February/March 2016 issue of Today's General Counsel.
"U.S. courts generally enforce non-compete agreements, but the standards of enforcement vary from state to state. Only California, North Dakota, and Oklahoma do not enforce post-employment restrictions as a matter of law. Agreements governing confidentiality, customer non-solicitation and employee non-solicitation provide more targeted protection than non-compete agreements, and often are more palatable to reviewing courts."