Thadford Felton

A Recent Illinois Supreme Court Decision Should Make It Easier To Enforce Non-Competition Agreements

On December 1, 2011, the Illinois Supreme Court issued an opinion in Reliable Fire Equipment Company v. Arnold Arrendondo, et al. that set forth the factors that the Illinois courts should look to in evaluating the reasonableness of non-competition agreements. The Court reaffirmed that a non-competition agreement is reasonable only if the following the following [...]

The New Year Is A Good Time To Review The Enforceability Of Restrictive Covenants

The Second District Appellate Court in Illinois recently published an extensive opinion that summarized and provided the historical background of the state of Illinois law regarding the enforceability of restrictive covenants. While the decision did not make any new law in this area, the decision does provide a reminder that restrictive covenants are a restraint [...]

Make Sure Your Non-Competition, Non-Disclosure And Non-Solicitation Agreements Have Extension Clauses.

In order to ensure that an employer gets the full benefit of the restrictive time period in its non-competition, non-disclosure or non-solicitation agreements, employers in Illinois should make sure that such agreements contain “extension clauses.”  An extension clause states that the time period of the restrictive covenant will not start or will be extended for [...]

New Bill Would Alter Non-Compete Law in Illinois

Illinois businesses should be aware that Illinois House Bill 4923 would radically alter the law regarding non-competition agreements in Illinois by creating the Illinois Not to Compete Act.  This Act would restrict the enforceability of non-competition agreements in several key respects and create numerous rebuttable presumptions in favor of employees that would make it more [...]