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Employee Noncompete Agreements

Often overlooked assets in bankruptcy sales are the noncompete agreements or noncompete covenants in employment contracts that debtors have with certain employees. Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process in order to avoid costly litigation and legal uncertainty.

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