Right, but if you can't solicit customers (often defined to include prospective or even likely customers), employees, or consultants, and you are prohibited from using confidential information you learned in your old job in any way (with confidential information typically being defined broad enough to encompass anything under the sun), how is that practically speaking different than a non-compete? And sure, maybe some portion isn't enforceable, but do you really want a lawsuit with your former employer on your record if you're an executive? Plus, a lot of companies - especially PE backed ones - have language in their equity award agreements that if you violate any restrictive covenants post-termination, they can clawback their equity and sometimes even past proceeds. Many states permit the equity clawback under the argument that isn't prohibiting you from competing - it is merely taking back some contingent compensation you were paid in the past. See how this gets murky quickly?