Publications

Section Newsletter Articles From Arthur Sternberg

Drafting enforceable customer solicitation restrictions By Arthur Sternberg Labor and Employment Law, July 2012 The primary drafting problem is the scope of restricted customers. A ban as to all customers risks being held overbroad and unenforceable, especially if the employer dominates the relevant market, has a large number of customers spread across a wide geographic area, or has distinct product lines or services that draw different types of customers.
Drafting enforceable restrictions on recruiting employees By Arthur Sternberg Labor and Employment Law, March 2012 To be enforceable, contractual restrictions on soliciting or hiring an employer’s personnel should avoid a blanket prohibition on recruiting or hiring all employees. This applies not only to employment-related agreements, but also to business-to-business agreements, such as confidentiality and service agreements. This article examines what is an overbroad recruitment restriction under Illinois law and how to narrow them.
Avoiding “blanket prohibitions” on competition in employment agreements By Arthur Sternberg Labor and Employment Law, December 2011 A contractual restriction on competition by a former employee must avoid a “blanket prohibition” on competition to be enforceable. This article examines Illinois law on what is a blanket prohibition and how to avoid it.

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