Noncompete Jurisprudence During The Recession

Article by Larry L. Turner, Daniel Johnson, Jr. and Erica E. Flores

Originally published in Law360
All content Copyright 2003-2010, Portfolio Media, Inc

Law360, New York (February 03, 2010) -- Discouraging anecdotes about unexpected layoffs and endless job searches are now commonplace on every train ride, in every grocery store line and at every dining table. Unfortunately, public pessimism about the economy and its stranglehold on the job market is inevitable given the recent data.

Through November 2009, the national unemployment rate was 10 percent and, although it has dipped recently, there are few signs of a real recovery.¹ Indeed, as of Sept. 30, 2009, there were only 2.5 million job openings nationwide, 48 percent fewer than the most recent peak in June 2007.²