摘要：For over thirty years, Illinois courts have applied the legitimate-business-interest test when analyzing whether a restrictive covenant in restraint of trade is valid. In applying the legitimate-business-interest test, courts have cited to Illinois Supreme Court precedent as support for its origin. The Illinois Supreme Court, however, has never mentioned the legitimate-business-interest test by name. The Illinois Appellate Court for the Fourth District has recently rejected the legitimate-business-interest test, stating that it has no basis in Illinois precedent and was created “out of whole cloth.” This Comment argues that Illinois courts should not follow the Fourth District’s abandonment of the legitimate-business-interest test because it deviates from Illinois Supreme Court precedent and fundamental policy concerns.
