Test the covenant
We assess enforceability against the governing law — scope, duration, geography, and consideration — and identify where it fails.
Practice · 05
Restrictive Covenants & Non-Competes
A non-compete is only as strong as its enforceability — and many are far weaker than the letter that threatens you. We free executives to take the next role without waiting for permission.
The Mandate
What we are engaged to do.
We test the covenant against the law that actually governs it, advise on how to move without handing your former employer a claim, and answer intimidation with a position grounded in fact. The goal is simple: to let you take your next role on schedule, with your new employer's full confidence.
Speak with a partnerThe Problem
What is really at stake.
You have an opportunity, and a former employer is waving a non-compete to stop you — or the covenant you were asked to sign is broad enough to bar your entire field. The threat is often designed to intimidate rather than to hold up in court.
If You Do Nothing
- A stalled career while a questionable covenant is left unchallenged.
- A rescinded offer if the new employer fears litigation.
- Trade-secret allegations used to pressure you out of the market.
- Years of earning potential lost to an overbroad restriction.
Our Approach
How we build the position.
Clear the path
We advise on the move itself, from resignation to onboarding, so you transition without handing your former employer a claim.
Answer the threat
When a cease-and-desist arrives, we respond with force and, where needed, seek a declaration that frees you to work.
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We build the strongest possible position first — so that the great majority of matters resolve favorably, and quietly, without ever reaching a courtroom.
The Mercer & Beekman approach
Representative Outcomes
Results in this practice.
Covenant voided
Non-compete dispute
Defeated a nationwide non-compete, freeing a managing director to join a competing fund within weeks.
Offer preserved
Pre-move counsel
Structured an executive's departure and start so a new employer proceeded with confidence despite a restrictive agreement.
Claims withdrawn
Trade secrets
Forced withdrawal of trade-secret allegations raised solely to deter a lawful competitive move.
Prior results do not guarantee a similar outcome. Matters described are illustrative and presented with client permission or in anonymized form.
It depends on the jurisdiction and the terms. Many covenants are overbroad in scope, duration, or geography, or lack adequate consideration — and courts in a number of states are increasingly reluctant to enforce them. We assess yours specifically.
Do not respond alone. These letters are often stronger in tone than in law. A measured, well-grounded reply from counsel frequently ends the matter before it escalates.
Ideally, yes. Advising before you move lets us structure the transition to minimize risk and give your new employer the comfort to proceed.
Confidential Consultation
A conversation, in complete confidence.
Tell us, in a sentence or two, what you are facing. A partner will respond personally, typically within one business day. Everything you share is privileged.