States and Non-Competes: Where Are Things Headed?

By Schonette J. Walker & Arthur Durst

Non-competes have been used in employment contracts for centuries. In the past few decades however, perhaps because their use has increased, they have come under greater scrutiny as their potential for harm has been exposed. Arguments that these provisions are capable of inflicting significant harm on employees, competition and even downstream consumers are persuasive. As states see the potential for negative impacts on their citizens and their economies