Restrictive Covenants In The U.S. And Europe

“Like toothpaste squeezed from the tube,” write Ford Harrison attorneys Mark Saloman and Joanna Rich, “corporate goodwill, trade secrets, and confidential business information are virtually impossible to recover once stolen by a former employee.” Non-compete agreements and similar restrictive covenants can be effective tools for addressing this issue, and they are available in both Europe and the United States, but there are significant differences depending on venue. In Europe they vary from country to country, and in the United States from state to state. This Today’s General Counsel article details some of those differences.