By Anastasius Efstratiades - Co-Chair, Business & Finance Department, Obermayer Rebmann Maxwell & Hippel LLP

Restrictive covenants in employment or other settings must be reviewed with the particular law of the State that governs the agreement in mind.  A restrictive covenant can be any covenant imposing restrictions on one of the parties to a contract, typically restrictions on completion.  Courts also treat employment-related confidentiality agreements, non-disclosure agreements, and other similar agreements as restrictive covenants.  In negotiating a restrictive covenant one must keep in mind the circumstances that apply to the particular factual scenario.  This short article summarizes the law in the three states in the Philadelphia region, Pennsylvania, New Jersey and Delaware with respect to restrictive covenants.  Read more ...

 

Published in the Financial Executives International (FEI) publication Connections – (Philadelphia Chapter, May 2013).