The enforceability of restrictive covenants (non-competes and non-solicitation agreements) requires a well drafted agreement that is tailored to the needs of protecting the company’s interests. Even with ‘blue pen’ provisions in the agreement, a court may choose not to exercise its power to make the agreement enforceable if it is first deemed to be overly broad.

A well-crafted non-compete and non-solicitation agreement is imperative to successfully litigating to enforce the restrictive covenant.

IND LAW has successfully litigated to defend against and prosecute restrictive covenants in Illinois and in federal court in other jurisdictions.