| News

Will Hill Tankersley, partner in the firm’s Birmingham, Ala., office and member of the Litigation Section, and Adam K. Israel, associate in the firm’s Birmingham, Ala., office and member of the Litigation Section, both had leading roles in the first major revision to Alabama’s “non-compete” (Restrictive Covenant) act in over seventy (70) years. (Tankersley lead the legislation drafting committee as a whole, Israel lead a sub-committee.) To explain the many updates, clarifications and changes to the act, Tankersley and Israel (along with two other committee members) co-authored an article for The Alabama Lawyer’s November 2015 issue regarding a major revision to Alabama’s “Restrictive Covenant Act” (Ala. Code § 8-1-1). The statute was notoriously difficult to advise on due to varying precedents set at both the state and federal level. In 2011, the Alabama Law Institute (ALI) began the process of suggesting revisions to the act and to re-codify and clarify the proper application of the law. Mr. Tankersley is a member of the ALI, a legislatively created organization dedicated to working on the study, modification and passage of legislation. After several years of work by the ALI committee lead by Tankersley and Israel, Alabama Gov. Robert J. Bentley signed the Act into law on June 11, 2015. It will take effect Jan. 1, 2016. The article details the history of the law, the revision process, and walks through the new act section by section.