Inc.

October, 1997, pgs 38-40

Think All Noncompetes Stink ? -- Think Again

Agreements That Stick

"No noncompete is ironclad; you’ll always be at the mercy of a judge.
But here are steps you can take to greatly increase the odds of successfully
enforcing an agreement.

1. Research Your State Laws
2. If your state is hostile to noncompetes, consider alternatives.
3. Get Specific
4. A boilerplate noncompete may be enforceable, but probably
   not worth enforcing.
5. Don’t Overreach
6. Timewise, and geographically, keep your agreement limited and precise.
7. Give Something In Exchange
8. For new hires, the new employment is adequate, but for current
   employees, you need a bonus.
9. Handle Your Trade Secrets With Care
10. If you want the courts to see your information as a trade secret,
    then treat it confidentially.
11. Check New Hires For Outstanding Agreements
12. Have new employees sign a statement declaring that they are not
    under a conflicting noncompete clause with another company.