Publications

Section Newsletter Articles on Non-Compete Agreements

Don’t let the “janitor rule” sweep away your non-compete By Robert H. Smeltzer Labor and Employment Law, May 2018 A recent federal decision from the Northern District of Illinois illustrates the perils of drafting and attempting to enforce overbroad restrictive covenants.
Non-compete clauses and Fitfield’s two-year bright line rule: Illinois Supreme Court still silent while district courts engage in battle over adequacy of consideration By Jessica L. Fangman and Hon. Russell W. Hartigan Civil Practice and Procedure, April 2015 The current restrictive covenant debate in Illinois centers around the Illinois Appellate Court’s decision in Fifield v. Premier Dealer Services Inc., in which the court held that at least two years of continued employment was sufficient consideration to render the non-compete clause enforceable.
Court unlocks barn door on employer’s right to maintain a stable work force By Jay Dobrutsky Corporate Law Departments, March 2005 For years employers have routinely included provisions in their non-competition agreements to restrict former employees from hiring away other employees.

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