Legal Articles

Personal Guaranty: General & Special, Breach, Interpretation

A guaranty — a species of contract — is a collateral agreement for another’s undertaking and is an independent contract that imposes responsibilities different from those imposed in the agreement to which it is collateral. Specifically, a guaranty is a contract where a guarantor becomes secondarily liable for the obligation of a debtor in the event the…

Non-Solicitation & Confidentiality: Restrictive Covenants

Restrictive Covenant is the broad phrase applied to contracts which curtail an employee’s ability to work for competitors after leaving an employer (See: Non-Compete Agreements), not to take workers/accounts when leaving, confidentiality agreements, etc. As detailed on my previous post concerning non-compete clauses, Missouri rarely enforces such provisions. They must be reasonable spatially, temporally, and…

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