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Anti-Raiding Covenants

02 April 2007

The National Law Journal
Over the past decades, numerous courts have considered the use of noncompetition agreements in protecting employer interests in such areas as trade secrets and confidential information. There is, however, another form of restrictive covenant that employers are including in their employment agreements: nonrecruitment or anti-raiding covenants, which forbid former employees from enticing their erstwhile co-workers into leaving their employer to work for a competitor. Only a limited number of jurisdictions have addressed the validity of these covenants, and the conclusions range everywhere from absolute validity to near total prohibition.
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