How to ensure high likelihood of enforcement


Question: Marc is a successful sales representative for ABC Corp. selling appliances to distributors and retailers in Florida, Georgia and Alabama. ABC Corp has spent money to provide Marc with specialized training and gave him access to their proprietary client list. To protect their client relationships and investments in Marc's training, ABC Corp. required Marc to sign a non-compete clause that restricts him from "any position in the general field of sales for 5 years in the United States." Looking at the statutes and common law relevant to your jurisdiction, would this non-compete contract be enforceable? How might you re-write the terms to ensure high likelihood of enforcement?

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