Archives mensuelles : juillet 2023

Restrictive Covenants and Employment Contracts

Restrictive covenants in employment contracts are becoming increasingly common in the modern workplace. These covenants are clauses inserted into employment contracts that restrict an individual`s activities after they have left the company.

For example, an employee may be prohibited from working for a competitor for a certain period of time after leaving their current job. This is typically known as a non-compete clause. Alternatively, an employee may be required to keep their former employer`s confidential information confidential for a certain period of time after leaving the company. This is known as a non-disclosure clause.

While these covenants are designed to protect companies, they can also be restrictive for employees. This is because they may limit an individual`s ability to find new employment or pursue their careers in certain industries.

The enforceability of restrictive covenants varies from state to state, and there are many considerations that must be taken into account when drafting these clauses. For example, courts will typically look at the reasonableness of the restriction and the level of harm that could be caused to the company if the covenant is breached. Additionally, courts will often take into account the employee`s unique circumstances, such as their level of expertise and whether they have access to confidential information.

Employers should also be aware of the impact that these covenants can have on their workplace culture. Restrictive covenants can create an atmosphere of mistrust and anxiety, and may discourage employees from leaving the company even if they are unhappy with their current position.

Overall, while restrictive covenants can be an effective tool for companies, it is important that they are used judiciously and with an understanding of their potential impact on employees and the workplace culture. Employers should work with experienced attorneys to ensure that their covenants are enforceable and reasonable, and that they are not overly restrictive for their employees.

Us Caribbean Trade Agreements

The United States has a long history of trade agreements with its Caribbean neighbors. These agreements have been beneficial for both parties, allowing for increased trade and economic growth in the region.

One of the most significant trade agreements between the US and the Caribbean is the Caribbean Basin Initiative (CBI), which was passed by Congress in 1983. The CBI provides duty-free treatment for most goods produced in the Caribbean and exported to the US. In return, the Caribbean countries agree to provide certain labor and environmental protections.

The CBI has been credited with helping to promote economic growth and development in the region. It has also helped to improve the US`s relationship with Caribbean nations and has strengthened trade ties between the two regions.

Another important trade agreement is the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), which was signed in 2004. DR-CAFTA provides for the elimination of tariffs and other trade barriers between the US and six Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic).

DR-CAFTA has been criticized by some who argue that it benefits US corporations more than the countries in the region. However, supporters of the agreement argue that it has helped to increase trade and investment in the region, creating jobs and boosting economic growth.

In addition to the CBI and DR-CAFTA, the US has also signed bilateral trade agreements with several Caribbean countries, including Jamaica, Barbados, and Trinidad and Tobago. These agreements provide similar benefits as the CBI and DR-CAFTA, including duty-free treatment for many goods.

Overall, the US`s trade agreements with the Caribbean have been instrumental in promoting economic growth and development in the region. While there have been criticisms and concerns about some of these agreements, they have generally been viewed as positive for both the US and Caribbean nations. As trade and economic ties continue to strengthen, it is likely that these agreements will remain important for years to come.

This Agreement Shall Control

As a professional, I understand the importance of using clear and concise language, especially when it comes to legal documents. One phrase that appears frequently in legal agreements is « this agreement shall control. » In this article, we will explore what this phrase means, why it is important to include it in legal agreements, and how to use it effectively.

What does « this agreement shall control » mean?

The phrase « this agreement shall control » is used to indicate that the terms and conditions laid out in a specific legal agreement will govern the relationship between the parties involved. In other words, it establishes that the terms of the agreement take precedence over any other conflicting agreements, understandings, or representations that may exist.

Why is it important to include « this agreement shall control » in legal documents?

Including the phrase « this agreement shall control » is critical in legal documents because it helps to prevent any confusion or misunderstandings that could arise in the event of a dispute. By establishing that the terms of the agreement take precedence over any other conflicting agreements, both parties can be confident that they are operating within the terms of the agreement.

Furthermore, including this phrase can help to protect both parties from legal liability. For example, if Party A breaches the agreement, Party B may be entitled to damages or other remedies. By including « this agreement shall control, » Party A cannot argue that they were acting under a separate agreement that contradicts the terms of the current agreement, thereby avoiding liability.

How to use « this agreement shall control » effectively

To use the phrase « this agreement shall control » effectively, it is essential to be specific, clear, and concise. It should be included at the beginning of the agreement, either in the preamble or the first paragraph. Additionally, it should be highlighted using bold or italicized text to ensure that it stands out.

While it is essential to include this phrase in legal documents, it is equally important to ensure that the terms and conditions of the agreement are fair and reasonable for both parties. A poorly crafted agreement can ultimately lead to negative consequences, including legal battles and damaged business relationships.


In summary, the phrase « this agreement shall control » is a critical element of legal documents that establishes the terms and conditions of the agreement. Including this phrase can help to prevent confusion and protect both parties from legal liability. By using clear and concise language and ensuring that the terms of the agreement are fair and reasonable, parties can establish a mutually beneficial relationship that is both legally binding and enforceable.