Message: Practitioners defending a non-compete claim may want to cite this passage ..
Utah Court Questions Parties' Intent After Careless Drafting of Commercial Non-Compete Agreement (digEcor v. e.Digital)
Sometimes unremarkable cases yield insight into how a judge examines a non-compete agreement.
:
"...the court has its doubts concerning digEcor and e.Digital's expectations about the continuing enforceability of the covenant not to compete. It is apparent that little care was taken in drafting and proofreading the 2002 NDA's non-compete provision. Also, when the parties documented their business relationship in the October 22 Agreement, which expressly superceded all prior written and oral agreements on the same subject matter, they did not include a covenant not to compete. One would expect that, given the importance digEcor now attaches to e.Digital's ability to compete, digEcor would have insisted that a non-compete provision be included in the October 22 Agreement, even if doing so seemed overly cautious or not technically necessary."
Practitioners defending a non-compete claim may want to cite this passage when addressing agreements that contain poor drafting, inconsistent terms, or appear to have been put together with little thought.
:
"...the court has its doubts concerning digEcor and e.Digital's expectations about the continuing enforceability of the covenant not to compete. It is apparent that little care was taken in drafting and proofreading the 2002 NDA's non-compete provision. Also, when the parties documented their business relationship in the October 22 Agreement, which expressly superceded all prior written and oral agreements on the same subject matter, they did not include a covenant not to compete. One would expect that, given the importance digEcor now attaches to e.Digital's ability to compete, digEcor would have insisted that a non-compete provision be included in the October 22 Agreement, even if doing so seemed overly cautious or not technically necessary."
Practitioners defending a non-compete claim may want to cite this passage when addressing agreements that contain poor drafting, inconsistent terms, or appear to have been put together with little thought.
5 Recommendations
Loading...
Loading...
New Message
Please
login
to post a reply