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Fairfax Circuit Court Declines To Enforce Noncompete Agreement

Published by on August 23, 2010

Virginia Lawyers Weekly has an article here on a recent decision by the Fairfax County Circuit Court involving a noncompete agreement.  More after the break. The Court declined to enforce the covenant not to compete, but did find a nonsolicitation clause enforceable.  The case illustrates the heightened scrutiny that covenants not to compete now face […]

Virginia Lawyers Weekly has an article here on a recent decision by the Fairfax County Circuit Court involving a noncompete agreement.  More after the break.

The Court declined to enforce the covenant not to compete, but did find a nonsolicitation clause enforceable.  The case illustrates the heightened scrutiny that covenants not to compete now face in Virginia.  Boilerplate noncompete agreements are unlikely to survive this scrutiny, so employers that care about the enforceability of a covenant not to compete are well-advised to invest in review of the agreement (and revision if necessary) by competent labor counsel.  Unfortunately, without clear guidance from the Virginia Supreme Court or the General Assembly, drafting an enforceable covenant not to compete remains an exercise in uncertainty.

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