Why US Legal Teams Need to Assess Non-solicitations Now
Member Jen Rubin was quoted in a Lexology Pro article examining why US legal teams should reassess their use of non-solicitation agreements amid evolving regulatory scrutiny and state laws. Her comments address how courts and regulators increasingly distinguish non solicitation provisions from non competes and the risks employers face when non-solicits are drafted too broadly.
“Courts frequently look at non-competes in a much more rigorous light because they generally include a complete ban on working in a particular industry or geographic area,” says Jen, adding that non solicits “tend to limit the scope of customers who can be solicited, while at the same time allowing an individual to work in a particular industry.”
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