Assume that you are part of a group of executives at a large software corporation. The company is considering whether to incorporate covenants not to compete into its employment contracts. You know that there are some issues with the enforceability of these covenants, and you want to make an informed decision. (See Legality.)
(a) One group should make a list of what interests are served by enforcing covenants not to compete.
(b) A second group should create a list of what interests are served by refusing to enforce covenants not to compete.
(c) A third group is to consider whether a court should reform (and then enforce) a covenant not to compete that it determines is illegal. The group should create an argument for and an argument against reformation.
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