Guide to Noncompete and Nonsolicitation Agreements in Rockwood, Tennessee
Noncompete and nonsolicitation agreements shape the relationships between employers and employees, protecting business goodwill and client relationships while setting clear boundaries for departing workers. For business owners in Rockwood and throughout Tennessee, well-drafted agreements help manage risk and preserve competitive value without overreaching. This page outlines what these agreements typically include, how courts in Tennessee evaluate their enforceability, and practical steps employers and employees should consider when drafting, negotiating, or responding to restrictive covenants.
Whether you are an employer seeking to protect trade relationships or an employee evaluating post-employment restrictions, understanding the local legal landscape matters. Tennessee law balances the need to protect legitimate business interests with public policy favoring worker mobility. This guide explains common provisions, timing considerations, and critical drafting choices that influence enforceability. It also describes how a Rockwood-based business or worker can assess whether a proposed agreement is reasonable in scope, duration, and geography based on industry and role.
Why Noncompete and Nonsolicitation Agreements Matter for Rockwood Businesses
Protecting client relationships, proprietary processes, and confidential information is often essential for small and mid-sized businesses. A clear noncompete or nonsolicitation agreement can deter improper solicitation of clients, guard trade secrets, and preserve investment in employee training. Properly tailored agreements also provide a basis for rapid legal response if a departing employee attempts to harm the business. For employers in Rockwood, the benefit lies in reducing uncertainty after separations and maintaining market position while still complying with Tennessee legal standards that require reasonable scope and duration.
About Jay Johnson Law Firm and Our Approach to Restrictive Covenants
Jay Johnson Law Firm serves clients across Tennessee, including Rockwood and Roane County, with practical business and corporate guidance on employment covenants and dispute resolution. The firm focuses on delivering clear legal advice to help employers draft enforceable agreements and to help employees evaluate obligations they may be asked to accept. Approach emphasizes careful review of role-specific duties, geographic reach, and duration to balance protection with enforceability under state law, and to prepare realistic strategies for negotiation or defense when disputes arise.
Understanding Noncompete and Nonsolicitation Agreements
Noncompete and nonsolicitation provisions serve distinct but related goals. Noncompetes typically restrict an employee from working for competitors or starting a competing business for a set period and within a defined area after employment ends. Nonsolicitation clauses usually prevent a former employee from contacting customers, clients, or coworkers to persuade them to leave or take business. In Tennessee, courts assess reasonableness of these restraints by considering employer interests, the employee’s position and access to confidential information, and the duration and geographic limitations imposed.
A well-drafted agreement will clearly identify the protected interests, describe what conduct is restricted, and include reasonable temporal and geographic limits tied to those interests. Overbroad or vague provisions increase the risk of being narrowed or invalidated by a court. Parties should document legitimate business reasons for restrictions, such as specialized client relationships or trade secret access. Early legal review can help employers tailor agreements that provide meaningful protection while remaining within what Tennessee courts are likely to enforce.
Definitions: What These Agreements Actually Restrict
Noncompete agreements restrict post-employment competition in ways specified by contract language, while nonsolicitation agreements restrict outreach to specific business contacts or employees. Confidentiality provisions often accompany them to protect trade secrets and proprietary data. Each term should be precisely defined to avoid ambiguity—define competitors, customers, confidential information, and the time period covered. Clear definitions reduce disputes over scope and improve the likelihood a court will uphold the provision. Parties should pay attention to how terms interact and what actions are permitted, such as passive acceptance of business versus active solicitation.
Key Elements and Typical Processes for Drafting and Enforcing Covenants
Typical elements include a statement of legitimate business interest, precise scope of restricted activities, duration, geographic limits, and remedies for breach. Drafting should consider workforce role, the employee’s access to confidential information, and realistic areas where competition would harm the business. Enforcement steps often begin with a demand letter, followed by filing for injunctive relief or damages if necessary. Parties may pursue alternative resolution through negotiation or mediation. Early documentation of business reasons and contemporaneous consideration for the agreement can strengthen enforceability.
Key Terms and Glossary for Restrictive Covenants
Understanding common terms helps both employers and employees evaluate contract language. Glossary entries cover definitions for noncompete, nonsolicitation, confidential information, trade secrets, legitimate business interest, geographic scope, and reasonable duration. Clarifying each term reduces misunderstandings and litigation risk. Employers should craft definitions tied to actual business needs, and employees should seek clarity about what activities are allowed after employment. This section lists important terms and plain-language explanations to help Rockwood professionals and workers make informed decisions.
Noncompete
A noncompete is a contractual clause that limits an individual from engaging in competing work or forming a competing business for a specified time and within a defined geographic area after employment ends. The validity of a noncompete depends on whether it protects a legitimate business interest without imposing unreasonable hardship on the worker. Clear limits tied to specific customers, trade secrets, or unique business processes strengthen the provision. Parties should ensure the time and scope match the harm the employer seeks to prevent to improve enforceability under Tennessee law.
Nonsolicitation
A nonsolicitation clause prevents a former employee from contacting or attempting to induce the employer’s clients, customers, or fellow employees to cease doing business or to leave. Unlike a broad noncompete, a nonsolicitation provision targets particular interactions and relationships rather than all forms of employment in a given industry. These clauses are often more likely to be upheld when they are precise about who is protected and why, and when they are limited in duration to what is reasonable for preserving business relationships.
Confidential Information and Trade Secrets
Confidential information includes nonpublic data, processes, client lists, pricing strategies, and other business materials that give a company a competitive advantage. Trade secrets are a subset of confidential information that derive value from being secret and for which reasonable steps have been taken to maintain secrecy. Agreements typically define these terms and set out obligations to protect such information during and after employment. Protecting these assets is a primary justification for many post-employment restrictions.
Legitimate Business Interest
A legitimate business interest refers to a specific, protectable reason an employer seeks restriction, such as preserving customer relationships, safeguarding trade secrets, or protecting investment in employee training. Courts evaluate whether the restriction directly serves that interest and whether the scope is no broader than necessary. Employers should document the business rationale for a covenant and tie its limits to actual competitive risks, as generalized or speculative assertions are less persuasive in challenges to enforceability.
Comparing Legal Options for Restrictive Covenants
When deciding how to address restrictive covenants, parties can choose drafting strategies, negotiation, or litigation as appropriate. Employers may opt for narrowly tailored agreements focused on concrete business interests, or broader clauses that risk challenge. Employees may negotiate limitations, severability, or clearer language about permitted work. In disputes, mediation can preserve relationships and reduce cost, while litigation seeks definitive rulings. The appropriate path depends on factors such as business size, the value of protected information, and the likely impact of restrictions on the individual’s ability to work.
When a Narrow Restriction Is Appropriate:
Low-Risk Roles or Limited Access to Confidential Data
A limited restriction may be appropriate when an employee’s role does not involve ongoing access to sensitive client lists or proprietary processes. For administrative or entry-level positions without unique client relationships, a broad noncompete could be unnecessary and harder to justify. Instead, a narrowly drawn confidentiality agreement or a focused nonsolicitation clause that addresses only specific, documented contacts can protect the employer while minimizing restrictions on the employee’s future opportunities.
Short-Term Projects or Temporary Engagements
When employment is tied to a temporary project or a fixed-term engagement, limiting restrictions to the project scope and a brief post-engagement period often suffices. Overbroad geographic or temporal limits are unlikely to match the employer’s actual interests for short assignments and may be viewed as unreasonable. Tailoring obligations to the duration and nature of the work helps ensure agreements are defensible while still recognizing the employer’s legitimate interest in protecting client introductions and proprietary work completed during the term.
When a Broader Approach May Be Necessary for Business Protection:
Positions with Deep Client Relationships or Unique Knowledge
For senior employees or those who steward long-term client relationships, broader protections may be justified to prevent immediate competitive harm. When a worker has unique knowledge of customer preferences, pricing strategies, or product roadmaps, a company’s interest in preventing rapid diversion of business supports more detailed restrictions. Careful drafting remains important to articulate the exact interest being protected and to limit restrictions to what is necessary to preserve those relationships and information.
Protecting Trade Secrets and Significant Investments
Where a business relies on proprietary processes, formulas, or client lists developed through significant investment, broader restrictions can be appropriate to safeguard those assets. Employers should document the investments and the specific nature of the information at risk. Effective protection may combine nondisclosure obligations with narrowly tailored noncompete or nonsolicitation terms, and include practical safeguards such as limited access controls and training to show the business took steps to maintain secrecy.
Benefits of a Thoughtful, Comprehensive Approach
A comprehensive approach balances protection of business assets with clarity for employees about permitted conduct. Clear, well-structured agreements reduce ambiguity, lower the likelihood of disputes, and provide a practical roadmap for enforcement if necessary. Combining confidentiality provisions with appropriate nonsolicitation or selective noncompete terms allows businesses to protect specific interests without imposing unnecessary burdens on departing workers, increasing the chances that provisions will be upheld if challenged under Tennessee law.
Another benefit is the ability to respond quickly when breaches occur. Well-documented agreements and supporting evidence of legitimate business interests help employers seek injunctive relief or other remedies where appropriate. A proactive approach also supports smoother employee transitions by setting expectations in advance. Ultimately, thoughtful drafting and consistent application of covenants contribute to stable client relationships and protect the value of the business while remaining mindful of legal standards in the state.
Clarity for Employers and Employees
Clarity in contract language reduces disagreements about what is allowed after employment ends. When obligations are spelled out, employees can make informed career choices and employers can enforce rights with greater confidence. Clear definitions of protected customers, restricted activities, time limits, and exceptions prevent disputes rooted in ambiguous wording. That clarity supports better compliance and preserves relationships by setting realistic boundaries rather than relying on vague or overly broad restrictions that create uncertainty and invite litigation.
Stronger Basis for Enforcement and Risk Management
A comprehensive approach that documents legitimate business interests and ties restrictions to those interests provides a stronger foundation if enforcement becomes necessary. Employers who can show a specific, demonstrable harm from a former worker’s conduct stand on firmer ground when seeking remedies. Additionally, consistent application of agreements and preserving evidence of confidentiality practices enhance the company’s position, while still allowing reasonable avenues for the worker to find new employment when restrictions are properly limited to protect only necessary interests.
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Practical Tips for Drafting and Responding to Restrictive Covenants
Tailor Restrictions to the Role
Match the scope and duration of any restriction to the individual’s role and access. Generic, overly broad clauses are more vulnerable to challenge and can deter talented workers. Focus on protecting specific relationships or confidential information that the employee actually handled. Tailoring demonstrates a measured approach that is more likely to be considered reasonable by a court. Employers should document why the restriction is necessary and limit geographic reach and timeframe to what is needed to protect those concrete interests.
Document Business Interests and Consideration
Negotiate Reasonable Terms When Possible
Employees should seek clarification and negotiate ambiguous or overly broad terms before signing. Requesting reasonable limits on duration, geographic scope, and the scope of prohibited activities can preserve future employment opportunities while addressing employer concerns. Employers should be open to constructive negotiation to achieve mutual protection without imposing unduly burdensome limits. Clear, negotiated agreements reduce future disputes and promote positive relationships at the end of employment.
Reasons Rockwood Businesses and Employees Should Consider Legal Review
Legal review helps determine whether a proposed noncompete or nonsolicitation clause is likely to be enforceable under Tennessee law and whether it properly protects legitimate business interests. For employers, a review identifies gaps, suggests reasonable tailoring, and recommends documentation practices. For employees, review clarifies post-employment constraints and options for negotiation. Early assessment reduces the chance of costly disputes and supports practical solutions that protect both parties’ interests while reflecting local legal standards and business realities.
A timely review can also advise on alternative protective measures when a noncompete may not be appropriate, such as strong confidentiality provisions, non-disclosure agreements, or client-specific nonsolicitation clauses. The goal is to craft measures that preserve business value without unnecessarily restricting workers. Businesses and individuals in Rockwood should weigh the competitive risks, the nature of the information at stake, and the need for enforceability when choosing the best protective approach and seeking clear, actionable contract language.
Common Situations Where Restrictive Covenant Guidance Is Helpful
Common circumstances include hiring employees who will handle confidential client lists, restructuring compensation that includes post-employment obligations, resolving disputes with departing employees who join competitors, and preparing to sell or transfer business assets where future competition could affect value. Each scenario raises different drafting and enforcement considerations. Legal guidance helps tailor provisions to the specific circumstances and provides strategic options for negotiation, documentation, and potential enforcement if a dispute arises.
Hiring for Client-Facing Roles
When bringing on employees who will manage client relationships, it is important to define the nature of protected client contacts, reasonable timeframes for restrictions, and exceptions for preexisting relationships. Addressing these points upfront helps protect business goodwill without overburdening employees. Agreements should identify the kinds of client lists or contacts considered confidential and outline expectations for how those relationships will be handled at termination. Clear terms reduce surprises and facilitate smoother transitions if staff changes occur.
Key Employees Leaving for Competitors
When a key employee departs to join a competitor, businesses often need to act quickly to protect client relationships and confidential materials. Initial steps typically include reviewing existing agreements, sending a notification or preservation letter, and evaluating whether injunctive relief is warranted. Having well-drafted covenants and documented business interests strengthens the ability to respond effectively, while also providing a framework for negotiation or dispute resolution to minimize business disruption and seek an appropriate remedy if misconduct is alleged.
Mergers, Sales, and Business Transitions
During sales or mergers, buyers often require assurances that key personnel will not immediately compete or solicit clients, and sellers may seek to preserve goodwill through tailored covenants. Agreements crafted in the context of a transaction should reflect the buyer’s concerns and the seller’s need for fair compensation and defined limits. Clear transitional agreements and employee covenants help protect the value of the business being sold while providing reasonable protections for the individuals affected by the change in ownership.
Rockwood Legal Services for Noncompete and Nonsolicitation Matters
Jay Johnson Law Firm assists Rockwood businesses and employees in addressing restrictive covenant questions and disputes. Services include drafting agreements, reviewing proposed terms, negotiating modifications, and advising on enforcement options. The firm works to identify the specific business interests at stake and recommends tailored language that balances protection with reasonable limits. Individuals and companies can expect practical guidance aimed at reducing litigation risk and preserving commercial relationships while complying with Tennessee law and local court practices.
Why Engage Jay Johnson Law Firm for Restrictive Covenant Matters
Choosing a knowledgeable law firm can yield practical benefits in drafting defensible agreements and responding to post-employment disputes. Jay Johnson Law Firm focuses on clear contract language, appropriate documentation of business interests, and realistic remedies. The firm helps businesses articulate why particular restrictions are needed and assists employees in understanding their obligations, negotiating terms, and assessing legal options when conflicts arise. The goal is to provide actionable guidance that aligns with Tennessee legal standards.
The firm takes a collaborative approach with clients to develop agreements that reflect actual business needs and to prepare solid documentation supporting those needs. For disputes, the firm evaluates whether demand letters, negotiation, mediation, or court intervention is the most effective path. Emphasis is on efficient resolution to limit disruption to the business and to the individual’s career, using strategies tailored to the facts of each case and the interests of the parties involved.
Clients in Rockwood and across Tennessee receive practical counsel aimed at minimizing future disputes and protecting business value. The firm advises on alternatives when a broad restriction isn’t appropriate, such as refined nonsolicitation provisions or confidentiality safeguards. These alternatives often provide meaningful protection while avoiding the pitfalls of overly restrictive covenants that courts may hesitate to enforce, thereby fostering fair outcomes for both employers and employees.
Contact Jay Johnson Law Firm for a Contract Review or Consultation
Our Process for Reviewing and Enforcing Restrictive Covenants
The process begins with an intake to understand the client’s role, the specific agreement language at issue, and the business reasons for any restriction. The firm conducts a thorough review of the covenant, related documents, and supporting evidence, then recommends tailored revisions or strategies for negotiation. If enforcement or defense becomes necessary, the firm prepares demand communications and evaluates options for resolution through mediation or litigation. Throughout, the focus is on pragmatic solutions that align with client goals and Tennessee law.
Step 1: Initial Review and Risk Assessment
In the initial review, the firm analyzes the contract text, the employee’s role, and the business’s asserted interests. The goal is to identify strengths and vulnerabilities in the wording, to assess whether restrictions appear reasonable, and to collect supporting documentation such as client lists or confidentiality practices. This stage informs next steps, whether negotiation, targeted revisions, or preparation for enforcement. A clear assessment helps clients make informed choices about costs and likely outcomes.
Review Contract Language and Context
Careful examination of the agreement’s definitions, duration, and geographic scope reveals potential ambiguity or overbreadth. The firm evaluates whether terms are tied to demonstrable interests and whether exceptions or carve-outs are needed. Understanding the employee’s duties and access to sensitive information informs whether the restriction is appropriate. This review often uncovers opportunities to refine the language to better reflect the employer’s needs while increasing the chance of enforceability under Tennessee standards.
Gather Supporting Documentation
Collecting evidence that supports the business interest, such as client lists, training records, and documentation of confidential processes, strengthens the employer’s position. The firm also reviews compensation structures and consideration provided for the covenant to ensure contractual validity. For employees, the documentation review helps identify prior agreements, preexisting client relationships, or other facts that may limit enforcement. Thorough fact-gathering at this stage is essential to formulating a credible legal strategy.
Step 2: Negotiation and Preventive Drafting
After assessing risks and objectives, the firm helps draft precise language or negotiate modifications to existing agreements. Preventive drafting focuses on clear definitions, reasonable timeframes, and geographic limits tailored to the business interest. For employees, negotiation may seek carve-outs for preexisting clients or limitations that preserve livelihood. The goal is to reach terms that protect the employer while minimizing unnecessary restrictions, reducing the likelihood of costly disputes and promoting sustainable business relationships.
Drafting Clear, Targeted Provisions
Drafting emphasizes specificity about what is restricted and why, including explicit descriptions of protected customers and confidential categories. Provisions may include limited noncompete language tied to unique roles or stronger nonsolicitation and nondisclosure protections where appropriate. Clarity helps avoid differing interpretations and supports enforceability by demonstrating a tailored link between the restriction and the legitimate interest it seeks to protect under Tennessee law.
Negotiation to Balance Interests
Negotiation aims to reach mutually acceptable terms that allow the business to protect its assets while permitting reasonable career mobility for the worker. The firm advocates for practical compromises such as narrower geographic scopes, reasonable durations, or carve-outs for passive income. These negotiated adjustments often prevent future disputes and foster cooperative transitions when employees depart, preserving goodwill and avoiding costly enforcement actions when possible.
Step 3: Enforcement and Dispute Resolution
If negotiation fails and a breach occurs, the firm evaluates enforcement options, which may include sending a demand letter, seeking mediation, or pursuing injunctive relief and damages in court. The choice depends on the harm alleged, the quality of documentation, and the business’s objectives. The firm focuses on efficient, realistic solutions that limit business disruption and seek appropriate remedies based on the specific facts and the strength of the legal position under Tennessee law.
Immediate Protective Actions
Protective actions may include preservation letters requesting that the former employee refrain from certain conduct and preserve relevant records, and expedited motions where irreparable harm is alleged. Early action can prevent further damage to customer relationships and confidential information. The firm coordinates evidence gathering, outlines requested relief, and pursues the most appropriate legal avenue to stop wrongful conduct while weighing costs and potential benefits of litigation.
Litigation and Alternative Dispute Resolution
When disputes proceed, options include negotiated settlements, mediation, or trial. Courts evaluate reasonableness, scope, and documented business interests when considering enforcement. The firm prepares concise, fact-focused positions and explores settlement where it serves the client’s goals. Alternative dispute resolution can preserve relationships and reduce expense, while litigation may be necessary to obtain definitive relief. Strategy balances the need for protection with realistic assessment of likely outcomes.
Frequently Asked Questions About Noncompete and Nonsolicitation Agreements
Are noncompete agreements enforceable in Tennessee?
Tennessee courts will enforce noncompete agreements that are reasonable in scope, duration, and geographic reach and that protect a legitimate business interest. Courts assess whether the restriction is no broader than necessary to protect the employer’s interests and whether it imposes undue hardship on the worker. Clear documentation of the business interest and careful drafting of contract terms increase the likelihood that a court will uphold the agreement. Because each case turns on its own facts, employers and employees should review the specific language and circumstances to gauge enforceability. Factors such as the worker’s role, access to confidential information, and the stated geographic limits all influence a court’s evaluation in Tennessee.
What is the difference between a noncompete and a nonsolicitation clause?
A noncompete restricts an individual from working for competing businesses or starting a competing enterprise for a specified time and within a defined area after employment ends. It is broad in scope and affects where and for whom a person can work. A nonsolicitation clause is narrower, typically preventing contact with or solicitation of former customers, clients, or coworkers to preserve business relationships. For employers, nonsolicitation clauses often provide targeted protection with a higher likelihood of being upheld, while noncompetes require stronger justification tied to the employer’s legitimate interests. Both should be drafted with precise definitions to avoid ambiguity and reduce litigation risk.
How long can a noncompete last under Tennessee law?
There is no fixed statewide limit for duration, but Tennessee courts look for timeframes that are reasonable given the business interest being protected. Shorter durations that are tied to the time needed to protect a client relationship or prevent immediate competitive harm are more likely to be supported. Overly lengthy restrictions are at greater risk of being narrowed or invalidated. Parties should consider the nature of the employer’s confidential information and the employee’s role when setting duration. Legal review helps tailor a time period that aligns with legitimate business needs and increases the chance of enforceability in court.
Can an employee negotiate or refuse a noncompete?
Employees may negotiate the terms of a proposed noncompete before signing, seeking narrower geographic limits, shorter durations, or carve-outs for preexisting client relationships. Refusing to sign may affect hiring or promotion decisions, but negotiation can often produce more balanced terms. For current employees presented with a new covenant, consideration and how it is documented can affect enforceability. It is wise to seek a careful review of the agreement to understand obligations and potential career impacts. Negotiation is a practical avenue to reach terms that protect employer interests while allowing the employee reasonable future work options.
What should employers include to protect trade secrets?
Employers should define confidential information and trade secrets clearly, limit access through internal controls, and require affirmative nondisclosure commitments from employees. Including specific categories of protected material, documenting business processes, and limiting dissemination to those who need access strengthens protection. Demonstrating reasonable steps to maintain secrecy supports the claim that certain information merits legal protection. Combining confidentiality provisions with targeted nonsolicitation terms and properly supported noncompete language, when justified, creates layered protection. Consistent enforcement of confidentiality policies and employee training also help preserve the company’s position if legal action becomes necessary.
What steps should a business take when a former employee solicits clients?
Initial steps include reviewing the departing employee’s agreement, documenting evidence of solicitation, and sending a written demand to cease prohibited conduct. Early preservation of communications and client records can be important. If the behavior persists, pursuing mediation or filing for injunctive relief may be necessary depending on the harm alleged and the strength of the agreement. Acting promptly and with well-documented evidence of the business interest and the alleged conduct strengthens the company’s ability to stop harmful activity. Legal counsel can advise on the appropriate tone and content of communications and the timing of any formal legal steps.
How do courts determine whether a restriction is reasonable?
Courts evaluate whether the restriction protects a legitimate business interest, whether it is reasonable in scope and duration, and whether it imposes undue hardship on the employee. They look for a demonstrable link between the restriction and specific harms the employer seeks to prevent, such as misappropriation of trade secrets or improper solicitation of a defined customer base. Ambiguous or overly broad provisions are more likely to be narrowed or invalidated. Documentation of the business’s needs and careful tailoring of contract terms help align the restriction with what a court would consider reasonable in the particular circumstances.
Are there alternatives to noncompete agreements that still protect a business?
Yes. Alternatives include strong confidentiality agreements, narrowly tailored nonsolicitation clauses, and customer-specific protections that address the most likely sources of competitive harm. These measures can often provide meaningful protection without the broader constraints of a general noncompete. For many roles, a combination of nondisclosure and targeted nonsolicitation is both effective and more defensible. Employers should consider whether less restrictive options meet their needs and whether those options reduce litigation risk while still preserving key business assets. Thoughtful drafting of alternatives can strike a balance between protection and fairness.
What remedies are available if a covenant is breached?
Available remedies can include injunctive relief to stop ongoing breaches and monetary damages for any proven financial harm. Courts may also order equitable relief tailored to preserve business interests. The scope of remedies depends on the strength of the contractual language and the evidence of harm. Sometimes negotiated settlements provide predictable outcomes without prolonged litigation. The choice of remedy reflects the client’s goals, whether stopping immediate loss of customers or seeking compensation for damages. Early documentation and rapid response improve the likelihood of effective relief and preserve options for resolution through negotiation or court action.
How can I get my agreement reviewed in Rockwood?
To get an agreement reviewed in Rockwood, contact a local law firm with relevant business and contract experience to schedule a consultation. Provide the contract, job description, and any documentation of client relationships or confidential materials. A focused review will identify problematic provisions and propose practical revisions or negotiation strategies tailored to your situation. Timely review before signing or upon notice of a potential dispute helps avoid future problems. The firm can also assist with drafting alternative provisions, preparing preservation communications, and recommending the best course of action based on the facts and Tennessee law.