The trends I see in non-competition agreement is the judges are reluctant to keep somebody completely out of an industry with one main exception. And you see this, unfortunately, so many times. If somebody is making plans to leave a company and they start forwarding e-mails to themselves through their private like a Gmail account or burning bagful’s of flash drives, well that’s not going to sit will with any judge and it wouldn’t look good to me as a lawyer. And I’d have to tell them that that’s something you really didn’t want to do and could be in huge trouble for doing so, that’s a no-no. Judges also don’t like to see deleting.

You couldn’t imagine how many people come to see me and their iPhone get lost because they have downloaded so much stuff on it. Those kinds of things judges just don’t like. But you very rarely will see a situation where somebody is prohibited from working in an industry. You’re much less likely to see a non-compete enforced if the employer terminates the employee. We’ve been seeing in the recent year a lot of Covid related layoffs. It’s very difficult to get those enforced, although employers do try and we’ve been very successful preventing it when somebody loses a job for a reason that’s not because of anything they did.