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Restricting restrictive covenants


Lawyer Neill May


Excerpt from "Restricting restrictive covenants", Neill May, Canadian Lawyer

The term “non-compete” has always conjured painful memories for me of my convincing ineptitude at most sports. Many of my peers had fierce or inspiring nicknames reflecting the characteristics of their hockey-playing. I was called “the Shepherd,” and assume that holding my stick like a staff and surveying the flock from a distance was not as useful as one might hope. Non-competes, in their more conventional legal meaning — referring to agreements that prohibit parties from engaging in businesses characterized as competitive — have been more generally controversial, because of their impact and uncertainty about their enforceability.

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