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re: The NIL Ruling has nothing to do with the portal. The SCOTUS did not rule on the Portal.
Posted on 12/8/22 at 9:32 am to ALhunter
Posted on 12/8/22 at 9:32 am to ALhunter
quote:
Not trying to be a jerk here but this is flat out wrong. In many places they are unenforceable period. In most places you have to have some sort of protectable/legitimate interest which cannot be "I don't want to compete against this person".
Usually the interests are - Trade secrets, clients, confidential information, etc... the non-compete only lasts as long as those are reasonably at risk and there has to be compensation for it - often continued employment is sufficient but not always. In a college football context it would likely be enforceable to the end of the season or something along those lines.
I'm a lawyer and this is generally true. Even when they are allowed, they usually have some geographical or temporal limits, like "can't compete in this limited area" or "can only last 6 months or a year."
These kinds of restraints on trade are not favored by courts anywhere. Doesn't mean they are always void, but that courts are going to take a narrow view, generally.
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