RT Journal Article
SR Electronic
T1 Non-Compete and Non-Disclosure Covenants:<br/>
	       <em>Commonly Used “Boilerplate” Can Impede Enforcement</em>
JF The Journal of Private Equity
FD Institutional Investor Journals
SP 33
OP 40
DO 10.3905/jpe.2011.14.4.033
VO 14
IS 4
A1 Linda K. Stevens
YR 2011
UL https://pm-research.com/content/14/4/33.abstract
AB Non-compete and non-disclosure covenants make an appearance in almost every transaction. The language used in these covenants has become familiar, and many view it as “boilerplate.” Indeed, most players in the private equity industry use standard forms or templates when a non-compete or non-disclosure covenant is needed. But much of the boilerplate language commonly used in non-compete and non-disclosure covenants is outdated, overly broad, and likely to impede enforcement. This article first discusses the basic principles of non-compete law and then identifies and discusses some commonly used—but legally problematic—boilerplate covenant language.TOPICS: Private equity, legal/regulatory/public policy, portfolio construction