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January 18, 2018

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Breach of Non-Compete Case Settled; Advice for Litigants

June 17, 2018

Settled! Business non-compete case resolved successfully today. A few points about contractual non-competes: 

- Many, many people sign non-competes thinking they will get out of them. There is a rumor floating around the business community that non-competition agreements are not enforceable in Michigan. This is wrong. 

- That said, there are attorneys who advertise the ability to negotiate down non-competition claims. Assuming you will be able to negotiate your way out is also a huge risk. It's not much success to pay tens of thousands in attorney fees plus most of the damages you would have paid for the breach anyway. 

- Attorney fee claims for breach of a non-compete can outstrip the total non-compete damages. Easily. 

- Non-compete is literal. Don't compete. Not a little. Not a middle amount with the assumption that no one will really care. Many businesses must fight non-compete claims to set a precedent. 

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