This is the fourth article in a continuing series, “The Restricting Covenant.” It discusses the concept of protectable “playbooks” in restrictive covenant cases and the individuals that use them to compete.
Let’s Play Ball, but with Restrictions
This year’s NFL Super Bowl LI ended in spectacular fashion when the New England Patriots made an historic comeback to win in overtime against the Atlanta Falcons. After the game, there was much discussion about the Patriots’ unique “playbook,” their coach, and his game strategy for winning the Super Bowl for the fifth time in nine appearances. This discussion led me to the question of whether a sports organization can restrict a coach from leaving one team and coaching another competing team. Can it restrict a departing coach from recruiting athletes for a new team? Can it demand the return of all “playbooks” or restrict the coach from using other records that he or she developed while coaching?