Are Non-Competes Enforceable? | A Corporate Lawyer Explains
Brett Cenkus Brett Cenkus
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 Published On Sep 18, 2018

There is a lot of nuance to the enforceability of non-compete agreements. To save you some time, they are generally enforceable.

There are two common contexts in which non-compete clauses show up. In the employment context, non-competes are difficult to impossible to enforce. Non-competes in the sale of the business are much easier to enforce.

That said, there are three restrictions to consider in your non-compete agreement that affect its enforceability. Those are:
1. Scope of Activity
2. Geographic
3. Time

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Have questions? Book a call, and talk to Brett today:
https://clarity.fm/brettcenkus

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You can reach Brett through:

https://clarity.fm/brettcenkus
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https://www.cenkuslaw.com
https://braatenwoods.com
https://merger-resources.com


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Brett A. Cenkus has 20+ years of experience in business law, finance, and entrepreneurship. Through Cenkus Law, PC, he provides advice and services for mergers & acquisitions (M&A), securities offerings, founders’ agreements, and other general business law issues.

Through Braaten Woods, LLC, Brett helps business owners in the lower middle market ($2MM - $25MM) position themselves for sale, find buyers, negotiate, and close M&A deals.

Brett also maintains merger-resources.com, a site packed with free articles, videos, checklists, deal diagrams, template contracts, and other tools to help pass M&A knowledge to others.

Brett regularly consults with entrepreneurs and invests his own capital as an angel investor.

From 2010-2013, Brett served as Chief Legal Counsel of a publicly-traded international oilfield services company. From 2001 to 2006, he and a partner founded and built Paragon Residential Mortgage. Bridge Investments acquired Paragon in 2006.

Brett holds a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania.

Brett lives in Austin with his wife, Cathryn, and two children. He enjoys reading, squash, classic movies, great food and wine, and the New England Patriots.


#corporatelaw #mergersandaquisitions #businesslaw #corporatelawyer

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