Navigating the shifting landscape of restrictive covenants: emerging trends and issues to watch

Restrictive covenants are a widespread tool in commercial and employment agreements; however, legislative and judicial scrutiny guiding their use is on the rise, making it more important than ever for organizations to understand the ins and outs of these provisions.

In this guide, Torys’ Pensions and Employment team examines emerging legal and industry trends surrounding restrictive covenants, including practical drafting considerations, current approaches to enforceability, and issues in hybrid agreements.