Non-compete, Customer and Employee Non-solicitation, and Confidentiality Agreement
(MD)

Summary

Employers may use this form Non-compete, Customer and Employee Non-solicitation, and Confidentiality Agreement (MD) as a template for a Maryland non-compete (also known as a non-competition agreement or a covenant not to compete), customer and employee non-solicitation, and confidentiality agreement. This template includes practical guidance, drafting notes, and alternate and optional clauses. IMPORTANT NOTE: On April 23, 2024, the FTC issued its final rule prohibiting new non-compete agreements with all workers. The rule provides that existing non-compete agreements with senior executives remain in force, and existing non-competes with all other workers are not enforceable. The term “senior executive” means a worker who makes more than $151,164 and who is in a “policy-making position.” The final rule is set to become effective 120 days after publication in the Federal Register, but it is being challenged in court, including by the U.S. Chamber of Commerce. For more information on the FTC’s final rule, see Fact Sheet on the FTC’s Noncompete Rule. This template is intended for private employers and has been customized to comply with Maryland law. As a result, the text of this form differs from the non-jurisdictional Non-compete, Customer and Employee Non-solicitation, and Confidentiality Agreement template. For a full listing of key content covering restrictive covenant considerations, see Restrictive Covenants Resource Kit. Additional information on non-compete agreements. For information on Maryland laws concerning non-compete agreements, see Restrictive Covenants (MD). For information on laws concerning non-compete agreements in Maryland and other states, and related forms, see, Non-competes and Trade Secret Protection State Practice Notes Chart and Non-competes and Trade Secret Protection State Expert Forms Chart. For information on non-competition agreements generally, see Non-compete Agreements: Key Negotiation, Drafting, and Legal Issues; Non-compete Agreements Checklist (Best Drafting Practices for Employers); Restrictive Covenant Basics, Including Adequate Consideration, Protectable Interests, Geographic and Time Restrictions, and Permissible Scope; Restrictive Covenants: Drafting Common Provisions; and Non-compete and Non-solicitation Agreements Checklist (Addressing Suspected Violations). Additional information on customer and employee non-solicitation agreements. For information on Maryland laws concerning customer and employee non-solicitation agreements, see Restrictive Covenants (MD). For information on laws concerning customer and employee non-solicitation agreements in Maryland and other states, and related forms, see Non-competes and Trade Secret Protection State Practice Notes Chart and Non-competes and Trade Secret Protection State Expert Forms Chart. For information on customer and employee non-solicitation agreements generally, see Customer and Employee Non-solicitation Agreements: Key Negotiation, Drafting, and Legal Issues. Additional information on non-disclosure agreements. For information on non-disclosure agreements and confidentiality agreements in Maryland, see Restrictive Covenants (MD). For information on laws concerning confidentiality and non-disclosure agreements in Maryland and other states, and related forms, see Non-competes and Trade Secret Protection State Practice Notes Chart and Non-competes and Trade Secret Protection State Expert Forms Chart. For information on non-disclosure agreements generally, see Non-disclosure Agreements: Key Negotiation, Drafting, and Legal Issues (Pro-Employer).