How to draft (and challenge) restrictive covenants

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Alex Denny, partner at law firm Faegre Baker Daniels, explains how firms should draft restrictive covenants - and what to do if they face a claim.

Plenty has been said and written about the landmark case wealth manager Towry unsuccessfully brought against Raymond James (RJ), after the former accused its rival of taking on advisers who were in breach of their Towry contracts. But far from threatening the value of restrictive covenants, Alex Denny, partner at law firm Faegre Baker Daniels, which represented RJ, says clauses in employment contracts are as important as ever. For many smaller advisory businesses, it is the drafting of contracts that is important, not how to fight them in court. Having contracts checked over by a soli...

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