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Question
NovaTech Diagnostics hires Lian Cruz as Regional Sales Director. Lian signs a post-employment restraint providing: for 7 months after termination, she shall not engage in any business in the Philippines that designs, distributes, or markets diagnostic devices similar to NovaTech’s offerings within 90 kilometers of any NovaTech office; she also agrees not to solicit NovaTech’s clients for the same period. After six months, Lian resigns and accepts a position with MedCore in City S, located 85 kilometers from NovaTech’s nearest office, handling the same product line and actively soliciting NovaTech’s clients. NovaTech sues for enforcement of the restraint and for damages. (a) Identify the controlling doctrine governing post-employment restraints and the governing rule for enforceability. (b) Distinguish how the rule applies to the facts, including whether the 7-month duration and 90-km geographic scope are reasonable to protect NovaTech’s legitimate interests. (c) If the restraint is deemed unenforceable, propose the most appropriate alternative remedies NovaTech may pursue to protect its interests.