The manner in which courts treat overly broad non-compete agreements varies from state to state. A poorly worded severability clause can mean the difference between enforcement and invalidation of an agreement.

The Protocol for Broker Recruiting makes it easier and less expensive to hire representatives from competitor firms. However, firms need to beware of certain pitfalls which could eliminate the protection of the Protocol and subject the hiring firm and its new representative to costly and time-consuming litigation, injunctions and damages.