← Back to workflows
Employment Litigation

Non-Compete Agreement and Litigation

Drafting non-compete agreements requires extensive research into state-specific enforceability standards, careful balancing of restrictions, and verification against evolving FTC guidelines. Attorneys spend hours researching geographic and temporal limitations, reviewing bar association guidance, and ensuring proper consideration—all while risking unenforceability if key provisions don't meet jurisdictional requirements.

Automation ROI

Time savings at a glance

Manual workflow4.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 27.5x time with CaseMark

The Problem

Drafting enforceable non-compete agreements requires extensive jurisdictional research, careful scope calibration, and sophisticated litigation-ready provisions. Attorneys spend hours researching state-specific enforceability standards, analyzing recent case law, and crafting restrictions that balance employer protection with employee mobility rights while anticipating enforcement challenges.

The CaseMark Solution

CaseMark automates comprehensive non-compete agreement drafting with jurisdiction-specific analysis and integrated litigation provisions. Generate attorney-ready restrictive covenant agreements that incorporate current FTC guidance, state law requirements, and enforceable remedies provisions tailored to your employee's role and your business interests.

Key benefits

How CaseMark automations transform your workflow

Automatically research and apply state-specific non-compete enforceability standards

Generate comprehensive agreements with verified clauses from LegalZoom, Nolo, and bar associations

Ensure FTC compliance and proper geographic, temporal, and activity restrictions

Include litigation-ready remedies and dispute resolution provisions

Reduce drafting time from 5+ hours to under 15 minutes

What you'll receive

Parties Involved
Recitals and Purpose
Definitions
Non-Compete Restrictions
Non-Solicitation and Non-Disclosure
Compensation and Consideration
Term and Duration
Litigation and Remedies
Governing Law and Jurisdiction
Signatures and Execution

Document requirements

Required

  • Employment Details
  • Jurisdiction Information

Optional

  • Existing Employment Agreement
  • Company Policies
  • Customer/Territory Lists
  • Competitor Information

Perfect for

Employment litigation attorneys defending or enforcing restrictive covenants
Corporate counsel managing employee agreements and trade secret protection
HR directors implementing non-compete programs for executive hires
Small business owners protecting customer relationships and confidential information
In-house legal teams handling employment contract compliance
Law firms with employment law practices serving business clients

Also useful for

This workflow is applicable across multiple practice areas and use cases

Transactional employment attorneys routinely draft non-compete and non-solicitation agreements as part of employment contracts, executive compensation packages, and consulting arrangements.

This is fundamentally a transactional document creation workflow that fits squarely within employment contract drafting, which is the primary domain of transactional employment practice rather than litigation.

Corporate General85% relevant

Corporate attorneys managing ongoing business operations need to draft and update non-compete agreements for executives, key employees, and independent contractors to protect trade secrets and competitive advantages.

Corporate counsel regularly handle employment agreements and restrictive covenants as part of general corporate governance and employee management, making this a core corporate practice tool.

M&A attorneys need non-compete agreements for key employees, sellers, and executives during acquisitions to protect goodwill, customer relationships, and confidential business information post-transaction.

Non-competes are standard ancillary documents in M&A deals to prevent sellers and key personnel from competing with the acquired business, making this workflow highly relevant for deal documentation.

IP licensing attorneys incorporate non-compete and non-disclosure provisions to protect proprietary technology, trade secrets, and confidential information shared during licensing relationships.

Trade secret protection and confidentiality provisions are essential components of IP licensing agreements, and this workflow's focus on restrictive covenants aligns with protecting licensed intellectual property.

Frequently asked questions

Q

How does CaseMark ensure my non-compete agreement is enforceable in my state?

A

CaseMark analyzes your jurisdiction's specific enforceability standards, including recent case law, statutory restrictions, and income thresholds. The system incorporates blue-pencil, reformation, or red-pencil rules as applicable, and tailors geographic, temporal, and activity restrictions to meet your state's reasonableness requirements. All agreements include current FTC compliance considerations and jurisdiction-appropriate consideration provisions.

Q

What information do I need to provide to generate a non-compete agreement?

A

You'll need basic employment details including the employee's job title, responsibilities, hire date, and work location, plus the jurisdiction where enforcement will occur. Optional information like customer territories, competitor lists, and existing employment agreements helps CaseMark create more precisely tailored restrictions. The system uses this information to calibrate appropriate geographic scope, restricted periods, and activity limitations.

Q

Can the agreement be modified for different employee levels or roles?

A

Yes, CaseMark tailors restriction scope based on the employee's access to confidential information and competitive sensitivity. Senior executives receive broader restrictions justified by strategic information access, while lower-level employees receive narrower, role-appropriate limitations. The system adjusts temporal periods, geographic scope, and activity restrictions to match the legitimate business interests at stake for each position.

Q

Does the agreement include provisions for litigation and enforcement?

A

Absolutely. Every agreement includes comprehensive enforcement mechanisms such as injunctive relief provisions, irreparable harm acknowledgments, reformation and severability clauses, attorneys' fee provisions, and tolling extensions. CaseMark also drafts dispute resolution frameworks, venue selection clauses, and governing law provisions optimized for enforcement, creating truly litigation-ready documents that anticipate common enforcement challenges.

Q

How long does it take to generate a complete non-compete agreement?

A

CaseMark generates a complete, attorney-ready non-compete agreement in approximately 12 minutes, compared to 4-5 hours for manual drafting. The output is a fully formatted legal document with all necessary provisions, definitions, and signature blocks—ready for attorney review and client execution without requiring substantial revision.