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Philadelphia, PA commercial litigation attorney Stanley Cheiken talks about whether or not noncompete agreements are enforceable. He explains that non-compete agreements are enforceable under certain circumstances, but they may also be deemed unenforceable depending on the facts of the case. The critical factors lie in understanding when such agreements will be upheld and when they will not.
Whether representing an employer or an employee, he emphasizes the importance of carefully examining the situation—this includes reviewing the terms of the agreement, assessing the underlying facts, and applying the relevant law. Courts generally impose a far stricter and more demanding standard when evaluating the enforceability of non-compete agreements compared to most other types of contracts.
By analyzing the agreement, the factual circumstances, and the applicable law, he is well-positioned to advise clients on whether a particular non-compete is likely to be enforced by the court.