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62 U. Pitt. L. Rev. 175 (2000-2001)
Protecting an Employer's Human Capital: Covenants Not to Compete and the Changing Business Environment

handle is hein.journals/upitt62 and id is 185 raw text is: COMMENTS
Chiara F. Orsini
Special thanks to Daniel A. Dzialga at Thorp Reed & Armstrong, LLP
Covenants not to compete can be one of an employer's most powerful
tools. They clearly outline the rights of an employee once that employee has
left the company. These covenants can aid an employer in protecting a variety
of interests including their investment in human capital. Companies spend a
considerable amount of money recruiting qualified employees, training them,
and retaining them. Employers disclose their trade secrets and other
confidential information to their employees and offer their employees insight
into a business that a person could not get by evaluating a company or a field
from the outside.
Investment in human capital is essential in many fields, especially high
technology fields. Companies in these high technology fields rely on the
knowledge, innovation, and expertise of their employees to keep them
competitive. Employers attempt to protect their investment in this human
capital by using covenants not to compete and other restrictive covenants such
as non-disclosure agreements and non-solicitation agreements.
This comment will examine how covenants not to compete are being
affected by the changes in the Internet and high technology industries. It will

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