Spotlight on Trends in the Asset Management Industry: Non-Compete and Non-Solicitation Clauses
While both non-compete and non-solicitation clauses are fixtures in the asset management industry, we’ve noticed some new trends regarding these contractual agreements. In general, it seems to be getting harder for firms to enforce them. It’s also interesting to note that many firms don’t take action to hold former staff to agreements regarding the solicitation of their current employees. (See this article that explores this topic.) Non-Compete Clauses The application of non-compete (NC) clauses, also known as “non-competes” (NCs), varies widely across the industry although they’re more consistently found within the hedge fund community. NCs are not necessarily utilized more
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