Are NDAs with non-competes enforceable in Michigan?

Yes, under MARA, provided they are reasonable in duration, geographic area, and scope of restricted activities.

Can Michigan courts reform an overbroad NDA?

Yes. Michigan courts have the power to modify unreasonable restrictions to make them enforceable rather than voiding the entire agreement.

Non-Disclosure Agreement for Michigan

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Michigan legal context

Michigan's Antitrust Reform Act (MARA) governs non-compete agreements, requiring them to be reasonable in duration, geographic area, and scope. Michigan also follows the Michigan Uniform Trade Secrets Act for trade secret protection. The state takes a balanced approach, enforcing reasonable restrictions while protecting employee mobility.

What's required

MUTSA Trade Secret Definition
MCL § 445.1902(d)
DTSA Immunity Notice
18 U.S.C. § 1833(b) (DTSA Immunity)
Trade Secret Definition
18 U.S.C. § 1836 (Defend Trade Secrets Act)

What's prohibited

Unreasonably overbroad restrictions
Michigan courts enforce NDAs that function as restrictive covenants only if they meet the reasonableness test under MCL § 445.774a (Michigan Antitrust Reform Act). Restrictions must be reasonable in duration, geographic area, and type of activity.

Key MI statutes

Michigan Antitrust Reform Act (MARA)
Mich. Comp. Laws § 445.774a
Permits reasonable non-compete agreements that are limited in duration, geographic scope, and activity.
Michigan Uniform Trade Secrets Act
Mich. Comp. Laws §§ 445.1901-445.1910
Governs trade secret protection and misappropriation remedies.

Michigan-specific considerations

Reasonableness Required
MARA requires that restrictive covenants be reasonable in duration, geographic area, and type of employment or activity.
Judicial Modification
Michigan courts can modify unreasonable restrictions to make them enforceable.
Continued Employment as Consideration
Continued employment generally serves as adequate consideration for NDAs with existing employees.