Sam Mitchell, Eric Rumbaugh and Daniel Kaufman coauthored the Law360 Expert Analysis article "A Noncompete Consideration Split In Ill. State, Federal Courts."
It is not surprising that practitioners who negotiate and draft contracts might pay greater attention to the substantive terms of the contract than to the consideration supporting the contract. After all, it is fundamental that a contract requires consideration to be binding.
And, one of the things lawyers learn in their first year of law school is that courts ordinarily inquire only into the existence, but not the adequacy, of consideration. In most cases, consideration is easy to identify and, absent a rare circumstance, Illinois courts will not intervene to save parties from a bad deal.
However, different and unique considerations apply when an Illinois court is evaluating consideration in the context of restrictive covenants. In most states, continued at-will employment is adequate consideration to support a restrictive covenant.
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