Dead or Alive - Territorial Restrictions in Covenants-Not-To-Compete in Nebraska

Abstract

FIRST PARAGRAPH(S)|Covenants-not-to-compete are fairly common in the business world. For example, a purchaser of a business may want assurances that his investment will not be soured by the seller going into competition after the sale. Or an employer might be concerned that a key employee, should he or she ever leave his or her position, may take a substantial part of the employer's business with him. While these concerns are common enough, the counselor who is called upon to assist in negotiating or drafting a covenant-not-to-compete should not assume that an easy task lies ahead. Those who rely on clauses out of a form book or the black letter law in a legal encyclopedia risk disastrous results...