'Should I Stay or Should I Go?' - Covenants Not to Compete in a Down Economy: A Proposal for Better Advocacy and Better Judicial Opinions

Hastings Business Law Journal, Vol. 6, No. 83, 2010

62 Pages Posted: 5 Oct 2010

See all articles by Kate O'Neill

Kate O'Neill

University of Washington - School of Law

Date Written: November 22, 2009

Abstract

This article critiques the use of the contract consideration doctrine to differentiate between employee covenants not to compete that are reasonable and should be enforced and that that are not. The focus is on the particular difficulties created when the nominal consideration for a covenant is the offer of or continuation of an employment at-will. The article is designed for advocates and for judges. It provides an overview of relevant theoretical literature and a detailed critique of several cases. It should interest those concerned with the protection of intellectual property by contract and those interested in legal rhetoric.

Keywords: contracts, consideration, employment at will, covenants not to compete, rhetoric, law and economics

JEL Classification: K12, K41

Suggested Citation

O'Neill, Kathleen M., 'Should I Stay or Should I Go?' - Covenants Not to Compete in a Down Economy: A Proposal for Better Advocacy and Better Judicial Opinions (November 22, 2009). Hastings Business Law Journal, Vol. 6, No. 83, 2010, Available at SSRN: https://ssrn.com/abstract=1687252

Kathleen M. O'Neill (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98195-3020
United States
2065430928 (Phone)

HOME PAGE: http://www.law.washington.edu/directory/Profile.aspx?ID=151

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