Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, and legal marketing and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this is the last blog of our short series on “Key Legal and Drafting Issues for Non-solicitation Covenants/Agreements.” In Part VIII, we hammered on “Defining the Protectable Interest with regards to the Employer’s Confidential Information and Client/Customer Goodwill” as another key consideration when drafting employee non-solicitation agreements. Regarding this consideration, we mentioned that in most jurisdictions, the legitimate interest employers have to prevent former employees from appropriating or exploiting customer/client goodwill, which had been, at the employer’s competitive detriment, maintained and created at the expense of the employer is recognized. This implies that when drafting client/customer non-solicitation agreements, employers should make sure that customer/client goodwill has been emphasized through statements related to protectable interests.

To conclude this discussion, we have hammered on “Determining if the Geographic Restriction Can be Eliminated” as the fifth key consideration for every employer when drafting client/customer non-solicitation agreements.

Determining if the Geographic Restriction Can be Eliminated

The solicitation of certain customers/clients of a given business encompasses one of the most crucial things sought to be prevented by a customer/client non-solicitation agreement. This implies that a geographic limitation may be excluded and, instead, the agreement should just be limited to customers/clients that had contact with the former employee during their engagement with the business.

However, it is critical to make sure that the exclusion of geographic restrictions from a client/customer non-solicitation agreement is not prohibited by the state or jurisdiction where the employer operates.

With that, we have concluded our series and discussion on “Key Legal and Drafting Issues for Non-solicitation Covenants/Agreements.” Notably, we have hammered on five key considerations that every employer must consider when drafting valid client/customer non-solicitation agreements that would be deemed both reasonable and enforceable under the law.

We still have more continuing and upcoming series that you should be on the lookout for. In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.