Drafting enforceable customer solicitation restrictions
By Arthur Sternberg
Labor and Employment Law,
July 2012
The primary drafting problem is the scope of restricted customers. A ban as to all customers risks being held overbroad and unenforceable, especially if the employer dominates the relevant market, has a large number of customers spread across a wide geographic area, or has distinct product lines or services that draw different types of customers.
Drafting enforceable restrictions on recruiting employees
By Arthur Sternberg
Labor and Employment Law,
March 2012
To be enforceable, contractual restrictions on soliciting or hiring an employer’s personnel should avoid a blanket prohibition on recruiting or hiring all employees. This applies not only to employment-related agreements, but also to business-to-business agreements, such as confidentiality and service agreements. This article examines what is an overbroad recruitment restriction under Illinois law and how to narrow them.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
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