By limiting enforceability of employee restrictive covenants to less than five (5) years and in many cases less than three (3) years, the state courts have unknowingly created a financial incentive for corporations and employees to break the law. It appears more viable for a company to break the law and pay the economic damages, than it is to abide by the law and compete honestly.

Read published paper in the Business Law Journal of the UC Davis School of Law below.