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Blue Pencil Contract Modification Employment Contract

Epstein Becker & Green

Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

Epstein Becker & Green on

Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and...more

Holland & Hart - Employers' Lawyers

Very Bad Year for Wyoming Noncompetes (And What You Can Do To Improve Yours)

The Wyoming Supreme Court decided four cases in the last 12 months against the enforcement of employees’ agreements not to compete with their former employer. Although each case was unique, the tenor and direction of these...more

McDermott Will & Emery

Is There a Doctor in the House? Helping Physician Non-Competes Survive Challenges

McDermott Will & Emery on

Many non-compete agreements face challenges in both execution and enforcement. Each state has its own standards for what is permissible regarding duration and scope. And many states layer on additional restrictions and...more

Parker Poe Adams & Bernstein LLP

Non-Competes Require Careful Consideration in North Carolina

A non-competition agreement (or “non-compete”) is an agreement between an employer and employee where the employee agrees not to engage in “competitive activity” for a defined term and geographic scope. These agreements can...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?

Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Will Arkansas Courts "Blue Pencil" an Unreasonable Non-Compete Agreement?

In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise...more

Constangy, Brooks, Smith & Prophete, LLP

Noncompete Agreements - Traps for the Unwary: Part 2

This is a two-part series where we are doing a deep dive into noncompete agreements and traps for the unwary. Noncompete agreements have a reputation for being technical, but what is it exactly that makes them so tricky? Join...more

Laner Muchin, Ltd.

Amendments to the Illinois Freedom to Work Act Add Substantive Requirements and Limitations for Non-Compete and Non-Solicitation...

Laner Muchin, Ltd. on

Non-compete and non-solicitation agreements (“restrictive covenants”) can be a helpful tool for protecting a business, as they allow employers to restrict their employees’ ability to seek employment with competitors and/or...more

Fisher Phillips

Nevada Supreme Court Changes Course on “Blue-Penciling” Non-Competition Agreements

Fisher Phillips on

The Nevada Supreme Court recently addressed the question of whether lower courts may blue-pencil an otherwise unenforceable noncompetition agreement pursuant to a provision in the agreement that allows for court modification...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Littler

Nevada Supreme Court Rules Courts May Blue-Pencil Unreasonable Noncompetition Agreements if the Agreement Includes Modification...

Littler on

On December 31, 2020, the Nevada Supreme Court issued an opinion addressing and clarifying several issues relating to the power of the court to reform or modify an unreasonable noncompetition agreement often referred to as...more

Kramer Levin Naftalis & Frankel LLP

When Blue Penciling Fails to Come to the Rescue: New York Federal Court Refuses Partial Enforcement of Restrictive Covenant

Since the landmark New York Court of Appeals decision in BDO Seidman v. Hirshberg, 93 N.Y. 2d 382 (1999), the restrictive covenant landscape in New York has remained relatively constant....more

Faegre Drinker Biddle & Reath LLP

Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions

A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Supreme Court Reaffirms That the Blue Pencil Doctrine Is an ‘Eraser’ for Overbroad Restrictive Covenant Language

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the “blue pencil doctrine,” likening the doctrine to an eraser and stating that Indiana courts may only delete language from...more

Hinshaw & Culbertson LLP

The Blue Pencil Doctrine is Always an Eraser

Hinshaw & Culbertson LLP on

Under Indiana law, courts have routinely employed the "blue pencil doctrine" to revise noncompetition agreements that they have deemed to be unreasonable. Specifically, a court will delete the problematic terms and enforce...more

Parker Poe Adams & Bernstein LLP

North Carolina Courts Defeat Another ‘Overbroad' Noncompete

In recent years, North Carolina courts have become increasingly resistant to enforcing noncompetition and non-solicitation restrictions they view as insufficiently narrowed to the specific competitive threat presented by the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Global Newsletter: Ogletree Deakins International Employment Update - November 2019

Welcome to the latest issue of the Ogletree Deakins International Employment Update - a newsletter aimed at human resources professionals and in-house employment counsel operating on an international basis. Please scroll...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Court of Appeals Decision Signals Change in State’s Restrictive Covenant Law

On April 15, 2019, the Indiana Court of Appeals issued a ruling that significantly developed restrictive covenant law in two areas: whether courts may reform contracts (as opposed to blue-penciling them) and whether...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - August 2019

In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including the Court of Appeal's ruling regarding pay for fathers or other caregivers taking shared...more

Dorsey & Whitney LLP

Colorado Courts Further Restrict Use of Restrictive Covenants

Dorsey & Whitney LLP on

Refusing to enforce a non-solicitation provision that violated public policy, the Colorado Court of Appeals held that parties to a non-solicitation agreement cannot contractually obligate the court to “blue pencil” the...more

Seyfarth Shaw LLP

First UK Supreme Court Decision on Restrictive Covenants for 100 years

Seyfarth Shaw LLP on

The Supreme Court in the UK, the highest court in the country, last week ruled on a restrictive covenant case for the first time in 100 years [Tillman v Egon Zehnder Ltd [2019] UKSC 32 (3 July 2019)]. It has clarified...more

Holland & Knight LLP

Washington Law Limits Enforceability of Noncompete Clauses

Holland & Knight LLP on

Washington Gov. Jay Inslee recently signed House Bill 1450, which limits the enforceability of noncompete clauses in written and oral employment contracts between employers on one hand and employees and independent...more

Proskauer - Law and the Workplace

Non-Competes in Washington – Over-Reaching Could Cost Employers

Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January...more

Womble Bond Dickinson

New Developments In Non-Competes

Womble Bond Dickinson on

...In an industry so focused on the development and promotion of personalities and distinguishing its information and entertainment from the competition, talent non-competition agreements can be critical. But, as the saying...more

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