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Illinois appellate courts fractured over legitimate business interest test

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • December 17 2010

Just over a month ago, the Second District Illinois Appellate Court found that its sister court's decision in Sunbelt Rentals, Inc. v. Ehlers, 394 Ill. App. 3d 421, 432 (4th Dist. 2009), to eliminate the "legitimate interest" test as a prerequisite to enforcement of post-employment non-compete agreements "warranted consideration."