Christopher Hennessy, a member in the firm's Chicago office, and Jeremy Glenn, the Chicago office managing partner, co-authored "A Restriction Too Far: The Evolving Law on Non-Compete Agreements in Illinois" for The Bar Journal of the DuPage County Bar Association regarding the drafting and enforcing of restrictive covenant agreements. Building on their earlier article, published in Law360, Glenn and Hennessy highlight the differences between how courts evaluate these covenants, some (in "red-pencil" states) striking the entire agreement if any part of it is determined invalid, while others (in "blue-pencil" states) striking only those parts determined to be invalid and preserving the valid provisions. They discuss how their home state of Illinois has adopted a complex hybrid approach and what that means for employers, employees, and their respective attorneys.
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