Employers should carefully consider the appropriateness of restrictive covenants
when drafting employment contracts.
Hirshberg, the watershed New York Court of Appeals decision on the enforcement of restrictive covenants
in employment agreements, courts and practitioners still wrestle with the issue of whether and under what circumstances employees or their employers possess superior rights in client goodwill.
You should not attempt to contact any person likely to have the benefit of a restrictive covenant
without having first sought the advice of your solicitor.
In formulating and implementing institutional and engineering controls, a number of important questions should be answered by the environmental and land use lawyer prior to submitting the proposed restrictive covenant
Buyers must be aware of what restrictive covenants
are in place before they complete their purchase to ensure they will not be prevented from using the land for the purpose for which they purchased it.
If the employee was terminated without cause, such as a layoff due to lack of work, had only worked for a short time, or only part-time, it may be unreasonable to impose a restrictive covenant
Some courts will find consideration for the restrictive covenant
in the fact of employment.
In a February 10 letter, TEI expressed concerns about proposed amendments to the Canadian Income Tax Act to revise the tax treatment of restrictive covenants
The employment agreements contained post-employment restrictive covenants
that prohibited Dr.
Modern examples of a restrictive covenant
could be, for example, somebody who was considering selling part of an extensive back garden for somebody else to develop.
Overreaching increases the chances that a court will refuse to enforce the restrictive covenant
arrived at by the parties.
As the name implies, a restrictive covenant
is any agreement which prevents one party from engaging in conduct that he or she would otherwise have the right to engage in.