New PLI Press Treatise Outlines Path for Navigating Restrictive Covenants

Courts show skepticism of overly broad non-compete agreements as states seek to limit their use.

Apr. 9, 2026 at 9:32pm

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A photorealistic studio still life featuring a stack of legal documents and a pen on a plain, monochromatic background, conceptually representing the complex legal issues surrounding restrictive covenants.A new legal resource aims to help navigate the shifting landscape of restrictive covenants like non-compete agreements.NYC Today

A new legal treatise published by Practising Law Institute (PLI) provides guidance on navigating the complex and evolving landscape of restrictive covenants, such as non-compete agreements, as states enact new laws to limit their use and courts demonstrate growing skepticism towards overly broad provisions.

Why it matters

Restrictive covenants like non-compete clauses have become increasingly common in employment contracts, but their enforceability has faced mounting challenges as states seek to protect worker mobility and free market competition. This new PLI resource aims to help employers, employees, and legal professionals understand the shifting legal environment around these contractual restrictions.

The details

The PLI treatise examines recent state-level legislation and court rulings that have sought to rein in the use of non-compete, non-solicitation, and other restrictive covenants, which can limit an employee's ability to work for a competitor or start their own business after leaving a job. The publication provides guidance on drafting enforceable agreements, evaluating the reasonableness of restrictive terms, and navigating the patchwork of differing state laws on the issue.

  • The new PLI treatise was published on April 9, 2026.

The players

Practising Law Institute (PLI)

A nonprofit learning organization that provides continuing legal education and other professional development resources for lawyers and other legal professionals.

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The takeaway

As states continue to pass new laws limiting the use of restrictive covenants, this PLI treatise offers a valuable resource for employers, employees, and legal practitioners seeking to navigate the evolving legal landscape and ensure any contractual restrictions are enforceable.