Noncompetition Agreements

   The firm has litigated and drafted provisions which limit competition by former employees and business owners. An important consideration in drafting these provisions is which law will apply. Wisconsin law is narrow. It is easy to run afoul when drafting noncompete covenants in employment agreements. Other states, including California, prohibit these agreements for employees but not for former business owners.  

   Mr. Kerkman has litigated the enforcement of noncompete covenants in Wisconsin, Arizona and California. He successfully enforced an action by an employer against a former employee in Arizona. He avoided the enforcement of a noncompete covenant by one party to a soured business relationship in California. He has successfully brought actions to enforce several in Wisconsin. Such actions usually always require an immediate injunction hearing. He has been a speaker at a seminar entitled "Covenants Not To Compete" sponsored by Lorman Educational Services, from 2001 to 2007, in Milwaukee.