September 30, 2011

Anthony C. Valiulis, a Principal in the firm's Litigation & Dispute Resolution group, authored an article for Employee Benefit News titled "Restrictive Covenants in Illinois: The Law May Be A-changin'."


Until recently, most legal practitioners considered Illinois law well established in the area of employee restrictive covenants, including non-compete and non-solicitation agreements. Now, however, things could easily be described as a bit murky because recent decisions have called into question some basic principles of restrictive covenants. One Illinois appellate court, for example, has completely gone its own way, cavalierly jettisoning long-accepted jurisprudence. Another court has been at least willing to consider modifying well-known principles. So, to paraphrase Bob Dylan, are the times a-changin' in the world of restrictive covenants?

The answer is a resounding, "maybe" because of disagreements among Illinois' five appellate districts. Such conflicts are usually resolved by the state Supreme Court, and we are heading in that direction.

Click here to read the full article.

This article contains material of general interest and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Under applicable rules of professional conduct, this content may be regarded as attorney advertising.