Non-Compete Agreement for Business Law
LAW 480 - Business Law
Arizona State University
April 9, 2024
Non compete agreements are a provision that is made requiring that a
party often an employee agrees to keep away from entering similar
professional or business to offer competition to another party usually the
employer ( Beatty, Samuelson, & Abril, 2018). The non compete
agreements which are also referred to as restrictive covenants are founded
on the basis that should an employee resign or get terminated at the
current workplace they might get employed by other employers or start a
business in which they will exploit the trade secrets or confidential
information of their former workplaces to gain a competitive advantage. A
more extensive scope of the non-compete agreements may bar an
employee from seeking employment in other places of work ( Lambiris,
Griffin, Viets, & Limited, 2015) .
Parties involved
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
The technology industry is highly competitive and often requires significant
expertise. Digitech is a registered company in New Jersey specializing in
developing software for commercial purposes often seeking to find clients
interested in getting tailor-made data collection, marketing, and sales
tracking software. Precisely, the business being started will specialize in
developing software, and as such, the employees who will be contracted
will be privy to the information regarding the nature and clients the
business will be engaging with. It is worth noting that not all employees are
privy to the business confidential information; thus, the parties involved in
the agreement are limited. Subsequently, the scope of employees who will
be needed to enter into the non compete agreement includes software
engineers, the company secretary, and top-level management.
Furthermore, the business clients who will seek the services of the
company will also be required to enter into the non compete agreements.
The choice of the parties to these non compete agreement is advised by
the fact that they are expected to engage in decision-making processes and
thus will be aware of the confidential information that may be inaccessible
to other stakeholders. Further, the business clients are part of the
agreement noting that they are in a position to share confidential business
information from the transactions entered.
Duration of agreement
The non compete agreements have different agreement durations ( Mann
& Roberts, 2016) . In the case of the employees who engaged in the
business, the agreement will be binding for a length of six months in the
instance that the employees resign from the business. Additionally, the
business clients are bound by the contract for six months in efforts to
promote business ethics and abiding with the antitrust laws. The duration
of the non compete agreements is advised by the need for the employees
to have a right to earn a living since having the agreement span for
extended periods may have the impact of reducing the ability of the
professional employees to gain meaningful employment. The differences
in the contractual terms in the non compete agreements are entrenched
in the initial contract, which is offered to the employees upon recruitment.
Further, the business considers that valuable information regarding
products being developed will have declined in value after the six-month
duration.
The geographic range of the agreement
The nature of the non-compete agreements differs significantly between
states noting that some of the states do not uphold the non compete
agreements while others make provisions where such contracts are upheld
only to a certain extent ( Mann & Roberts, 2016) . As such, the non
compete agreements drafted by the business will be deemed applicable in
the states that uphold the contracts.
Specific activities and subjects included in the non compete agreements
The validity of the non compete agreements provided by the business is
entrenched on the scope of the activities as well as subjects in addition to
the compensation provided in the agreements. First, the contractual
agreements encompass the restriction of employees from disclosing the
products that the company is developing in addition to the launch dates
for the products. Moreover, the agreement restricts employees from
disclosing the company clients who have sought services for tailor-made
software. Additionally, the contract will require that the employees do not
provide pricing information to the business clients and competitors
without prior authorization.
Since compensation is an integral part of the non compete agreements,
the business provides an elaborate compensation scheme for the
employees ( Mavrikakis, 2018) . Upon expiry or termination of the
employment contract the employee bound by a non compete agreement
will be entitled to a compensation of 30% of the average monthly salary
for six months when the contract will be valid.
Appropriateness of the terms in the industry
As indicated earlier, the technology industry is fast evolving, with intense
competition being seen between different industrial players.
Consequently, it can be argued that the terms provided within the
company's non compete agreement prove appropriate given that the
probability of employees to be poached by rival companies will be
minimized. Furthermore, the contracts are significantly appropriate,
noting that the interests of the software company will be protected with
the employees being barred from diverging sensitive business information.
Additionally, in the technology industry, non compete agreements are
useful since it is possible for the company to protect its goodwill which is
considered a useful business asset thus preventing employees from using
the goodwill to compete.
Enforceability of the non compete agreements
The enforceability of the non compete agreements depends on the state
laws where the agreements have been instituted. Since Digitech has been
registered and situated in New Jersey, the enforceability of the restrictive
covenants is guaranteed noting that the state allows for non compete
agreements. Additionally, the restrictive covenant has an ultimate
purpose, which is to protect Digitech's confidential information as well as
goodwill from being used by employees in competing companies.
Additionally, the contract has a duration of time in which it is valid from
the time an employee ceases to be employed by Digitech. Furthermore,
the geographical scope of the contract is adequately defined in addition to
having a compensation clause provided for the employee for the time they
are expected to keep off from getting into a contract with potential
Digitech competitors. It is worth mentioning that the time frame of a six
months, which is provided in the agreements is within the one provided by
the law of up to two years.
Additionally, the agreement's scope is reasonable, thus creating a balance
between the interested parties. Moreover, the provisions of Digitech's non
compete agreement is not indicative of a potential breach of the antitrust
laws. Subsequently, the agreements can be argued to fulfill all the aspects
of a valid contract and as such enforceable by a court of law.
References
Beatty, J. F., Samuelson, S. S., & Abril, P. S. (2018). Essentials of Business
Law . Boston, MA: Cengage Learning.
Lambiris, M., Griffin, L., Viets, L. G., & Limited, C. A. (2015). First Principles
of Business Law 2015 .
Mann, R. A., & Roberts, B. S. (2016). Business Law and the Regulation of
Business . Boston, MA: Cengage Learning.
Mavrikakis, A., (2018). Business Law and Practice 2018/2019 . College of
Law Publishing. [Original source: https://studybounty.com/non-compete-
agreement-for-business-law-coursework]
