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In Brief…

Strengthen Your Non-compete Agreement

Do you worry that your noncompete agreement may be hard to enforce? Here's how to make it protect your trade secrets and confidential data more effectively:

• Require departing staffers to tell you where they're going and what they'll do there
• Bar departees from luring away your workers
• Insert a clause allowing you to notify departees' new employers about how the noncompete agreement binds departees
• Insert a duty-of-loyalty clause
• State explicitly that the remedy for a breach in injunctive relief
• Keep your trade secrets as confidential as possible
• Set reasonable time and geographic limits because courts are less likely to enforce overly broad limits