Restrictive Covenants in Illinois: The Law May Be A-changin'
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.