Commentators around the country are noting a rise in litigation seeking the enforcement of non-compete agreements. Employers are more willing to litigate the enforcement of their non-compete agreements in challenging economic times in order to protect their legitimate business interests. The other trend being noted in non-compete litigation is that judges are seemingly more sympathetic to the employee in a period of ultra-high unemployment. In many cases, judges will have displayed a history concerning their attitudes toward enforcement of non-compete agreements.
You should consider the following factors when assessing whether to engage in non-compete litigation in the current climate:
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