Memorandum - is noncompete clause enforceable

Memorandum of Law

To: New Associate

From: Aubrey Matthews, managing partner Re: Memo

Dr. Hathaway is interested in what might happen if she litigates this matter. So that I am prepared for our next meeting, please prepare a short memo for me that analyzes whether or not the non- competition covenant (NCC) in Dr. Hathaway’s employment agreement is enforceable.

MEMORANDUM

TO: FROM: DATE:

RE: Potential Enforcement of Non-Competition Covenant

Questions Presented/Issue: Introductory/Overview Paragraph- This paragraph identifies the overall

question (enforcement of the non-competition covenant). It also provides the context for the reader to understand the problem by providing a very summary discussion of the facts.

Rule: Background Principles-These paragraphs(s) identify the rule, that is explain the law, by identifying the factors courts consider important in evaluating the issue. You will not discuss the facts of these cases. You will just state some of the basic relevant rules.

Analysis: Rule application and analysis of the facts with the rule. These paragraphs set forth your application of the law/rule to your client’s facts by setting forth specific analogies between your client’s facts, the precedent rule, and the analogous/explanatory cases.

Distinguish: Distinguish( if possible) cases reaching the wrong result. This paragraph presents both favorable and unfavorable comparisons between the distinguishing case and your client’s facts.

Conclusion: Concluding paragraph- Add an answer/conclusion to the issue and the overall question and provide next steps advice based on that conclusion.