Report

Noncompete Agreements in Alabama

 
Covenants not to compete are disfavored in Alabama as restraints on trade which tend to “deprive the public of efficient service” and to “impoverish the individual.” James S. Kemper & Co. v. Cox and Associates, 434 So.2d 1380 (Ala. 1983); Keystone Automotive Industries, Inc. v. Stevens, 854 So.2d 113 (Ala. Civ. App. 2003); Pinzone v. Papa’s Wings, Inc., 2010 WL 2712689 (Ala. Civ. App.). However, Alabama also has a public policy of enforcing contracts freely entered into between the parties. See, Puckett, Taul & Underwood, Inc. v. Schreiber Corn., 551 So.2d 979, 983 (Ala. 1989). A court examining a covenant not to compete makes the ultimate determination as to whether it is adverse to the public interest by balancing these two policy interests. See, e.g. Diamond Talent, Inc. v. Smith, 653 So.2d 290, 291 (Ala. 1995).

Faculty

Thomas J. Gallo

Thomas J. Gallo

Barnes & Thornburg LLP

Agenda

Faculty

Thomas J. Gallo

Thomas J. Gallo

Barnes & Thornburg LLP

  • Partner, Barnes & Thornburg LLP
  • Concentrates on business litigation, including covenants not to compete and trade secrets litigation
  • Selected annually since 2004 as a Georgia Super Lawyer by Atlanta magazine
  • Selected by The Best Lawyers in America (2014) for labor and employment
  • J.D. degree, cum laude and articles editor of law review, Samford University; A.B. degree, Emory University
  • Can be contacted at 404-264-4032 or [email protected]

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