Explore the background of restrictive covenants, canvasses the types of restrictive covenants common in commercial transactions, and review guidance from case law to effectively draft restrictive covenants and achieve clear and enforceable provisions. This on-demand program was originally presented as an in-person program titled Commercial Contract Teardown on December 11, 2024.  Total running time is 1 hour, 17 minutes.

Go beyond a cursory review of standard commercial agreements and dive into clauses that can make or break a deal. These on-demand programs are designed to help lawyers identify the “weak spots” in a contract so that their drafted language stands up to new case law and provides protection and value to their clients. These on-demand programs were originally presented on December 11, 2024. The total running time for each presentation ranges between 1 hour, 17 minutes to 1 hour, 41 minutes.

A well-drafted restrictive covenant can protect the beneficiary from its counterparty’s use of information and connections, but a poorly drafted restricted covenant can result in unenforceability and uncertainty. This paper explores the background of restrictive covenants, canvasses the types of restrictive covenants common in commercial transactions, and provides guidance from case law to effectively draft restrictive covenants and achieve clear and enforceable provisions. This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.