January 22, 2017

In this article, Jenner & Block Partners Debbie L. Berman and Andrew W. Vail and Associate Licyau Wong explore challenges to confidentiality and non-compete clauses in employment agreements.  The authors explain that, in the past, the main concern to an employer was from a departing employee who wanted to work for a competitor or from a competing company attempting to hire an employee or former employee. That is changing, the authors observe: “Recently, federal and state agencies have been challenging the enforceability of confidentiality provisions and non-competes that the agencies claim are not supported by legitimate business interests.  Given this change-in-tide and the New Year, now is the perfect time for employers to engage counsel to review their confidentiality and non-compete provisions.”