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Thursday, October 1, 2026

Podcast: Recent Legal Trends In Restrictive Covenant Enforcement And What Employers Should Know - Employment Litigation/ Tribunals - United States - Mondaq

In this Ropes & Gray podcast, Doug Brayley, employment partner and head of the employment litigation practice, and Greg Demers, counsel in the employment practice, speak with Dan Murphy, an employment, executive compensation & employee benefits associate, about recent legal trends related to the enforceability of restrictive covenants, particularly non-competition agreements, and considerations for employers going forward.

Transcript:

Dan Murphy Hello, and thanks for joining us today on this Ropes & Gray podcast. I'm Dan Murphy, an associate in the employment, executive compensation and employee benefits group. Joining me are Doug Brayley, a partner in the employment specialty group and head of the firm's employment litigation practice, and Greg Demers, counsel in the employment specialty group. Drafting restrictive covenants and litigating disputes over restrictive covenants are significant components of both Doug and Greg's practices, and we'll be discussing recent legal trends related to the enforceability of restrictive covenants, particularly non-competition agreements, and some general considerations for employers going forward.

Let's start with some context. Greg, what is a restrictive covenant?

Greg Demers Thanks, Dan. So just as a baseline here, a restrictive covenant is a promise by a person or an entity not to do something that would otherwise be allowed—seems pretty straightforward, but there are a lot of layers to it. So in the business context,...



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