June 12, 2005
The usual point of an employee non-compete agreement is to restrict competition. (Duh!) But whether or not the agreement holds up may depend on the kind of competition that’s being restricted. In an interesting analysis, Bret Cohen and Diane E. Gwin of Boston’s Mintz Levin Cohn Ferris Glovsky & Popeo, discuss the distinction between using such clauses to eliminate “ordinary” competition and “unfair” competition.
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