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Key Hires and Noncompetes: Evidence of a Turning Economy?

Here's a not-often considered barometer for assessing whether the economy is experiencing an uptick in activity and worker movement: the amount of media coverage and litigation concerning noncompete and confidentiality agreements.

Based on that measuring tool, some analysts are saying that the economy is indeed thawing, as evidenced by a growing number of stories and lawsuits regarding workers jumping ship to work elsewhere and competitors of their current employers seeking to coax them to leave current positions.

The thinking is that, when times are bad, this activity is considerably more muted: Key employees are much more likely to stay where they are, and employers are much less likely to entice them over when there is a risk of a legal challenge from their extant employer alleging breach of trade secrets or other confidential information.

Business insiders and a number of other interested industry observers are noting that these days, though, employee defections are beginning to pick up, and that some employers are once again a bit more willing to risk legal challenges by encouraging those defections.

"It does give me the sense," notes one observer, that the economy is improving in that companies may be hiring and they may be willing to invest in some higher-risk hires."

Related Resource: www.philly.com "Employee confidentiality a bigger issue in a tougher economy" November 15, 2010

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I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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