Eric Ostroff raises some good points in his article, "Sometimes, A Non-Solicitation Agreement Enough" Courts are more likely to enforce a non-disclosure agreement than a non-solicitation agreement. And they are more likely to enforce a non-solicitation agreement than a non-competition agreement. While most courts, including Tennessee courts, generally want to respect parties' freedom to contract, that right is weighed against the public policy which disfavors restraints on trade. As such, Employers should use the least restrictive means necessary to protect their legitimate business interests. While they give up some protection by not requiring former employees to sit on the sideline during the restricted period, they increase the likelihood that the agreement will be enforced if they can accomplish their goals with non-solicitation and/or non-disclosure agreements. Sometimes less really is more.