Oregon Law Review : Vol. 88 No. 2, p.515-546 : Read the Fine Print: A Critical Look at Oregon’s Noncompete and Nonsolicitation Agreement Laws
Gould, Erin E.
This Comment analyzes the recently enacted noncompete agreement statute and its potential implications and problems. In this effort, Parts I and II both explore how Oregon’s statute compares to other state statutes in restricting noncompete and nonsolicitation agreements and show how courts have interpreted statutes in Oregon and in some other states that govern both types of agreements. Part III attempts to uncover how the Oregon legislature went about creating this perplexing statute by looking at the legislative history leading up to the passage of Senate Bill 248. Next, Part IV explores some potential effects the statute may have on employees and employers and implications it may have in the courts. Finally, Part V suggests alternative statutory language that the legislature ought to consider to avoid some of the potential problems described in this Comment.