White Paper

3 Pages
  • 3 Pages

Nonsolicitation Agreements


It's the least restrictive form of a covenant not to compete, isn't it?

Nonsolicitation agreements are usually distinct provisions in an overall covenant not to compete, or standalone agreements that appear quite similar to noncompetes and generally have the same legal requirements of being in writing, signed at least by the restricted party, supported by adequate consideration, and reasonable as to time and scope. This white paper reviews the primary difference between noncompetition agreements and nonsolicitation agreements; discusses the legal requirements for nonsolicitation agreements, and covers the nonsolicitation of employees.



Kenneth P. Carlson, Jr.

Kenneth P. Carlson, Jr.

Constangy Brooks, Smith & Prophete LLP

  • Partner with Constangy, Brooks, Smith & Prophete, LLP in Winston-Salem, North Carolina
  • Practice primarily involves employment law and litigation, trade secret and unfair competition law and litigation, drafting employment and non-competition agreements, FLSA and wage/hour issues, serving as a mediator for cases in those areas of law
  • Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law or alternative dispute resolution; named to North Carolina Lawyers Weekly 2023 “Power List” for employment lawyers
  • Consistently listed in Best Lawyers in America for employment law, trade secret law, or alternative dispute resolution, including various “Lawyer of the Year” designations
  • Certified mediator with an emphasis on mediating employment-related disputes, covenants not to compete and trade secret issues, FLSA and wage/hour issues, and ERISA denial of benefits cases
  • Adjunct professor at Wake Forest University School of Law, including courses on Trade Secrets & Unfair Competition, and Negotiation
  • J.D. degree, Wake Forest University School of Law; M.Div. degree, Yale University; B.A. degree, University of North Carolina at Chapel Hill
  • Can be contacted at [email protected] or 336-721-684

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