In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partners Constance Brewster and Jim Earle to discuss the popular TV series, The Office, and the basics of noncompetes, their legal implications, and their role in the modern business world, all while drawing interesting parallels to situations from the TV series. Key topics covered include:

  • The purpose and function of noncompete agreements.
  • The legal framework surrounding noncompetes.
  • The enforceability of noncompetes and factors that courts consider.
  • The potential impacts of noncompetes on employees and employers.

This episode serves as a primer for anyone seeking to understand the complexities of noncompete agreements, from employers considering implementing them to legal professionals advising clients on their use.

Transcript: Navigating Noncompetes: A Comprehensive Guide – Part 1 (PDF)


In case you missed it, listen to Navigating Noncompetes: A Comprehensive Guide – Part 2.

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Photo of Tracey Diamond Tracey Diamond

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient…

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Photo of Evan Gibbs Evan Gibbs

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors…

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors, vendors, or other third parties. As co-chair of the firm’s Corporate Espionage Response Team, Evan leads a multidisciplinary group of attorneys with extensive experience regarding corporate espionage matters. Together with a team of attorneys and technical experts, they leverage their deep experience with digital forensic investigations to ensure that clients’ matters are handled using the most cutting-edge forensic technology available. Evan and his team handle these matters throughout the United States.

Photo of Constance Brewster Constance Brewster

Constance provides comprehensive advice on employee benefits and executive compensation matters. She dives deeply into her clients’ businesses to help manage daily compliance and governance issues, close key deals, and structure solutions to advance client goals.

Photo of James Earle James Earle

Jim counsels publicly traded companies and other complex employers on matters related to executive compensation. His clients operate globally in a wide range of industries, including financial services, manufacturing, food, telecommunications, utilities and other service-based companies. Jim advises clients on all aspects of…

Jim counsels publicly traded companies and other complex employers on matters related to executive compensation. His clients operate globally in a wide range of industries, including financial services, manufacturing, food, telecommunications, utilities and other service-based companies. Jim advises clients on all aspects of the employment, compensation, benefits and severance of directors, executive officers and other senior managers. He has significant substantive experience with all forms of executive compensation and benefit plans.