Non-Compete Blog
Posts from January 2016.
When a court determines that a non-compete agreement is overly broad and unenforceable as written, that may not be the end of the story. A distinct minority of states will refuse to enforce the entirety of a non-compete agreement that the court deems unreasonable, a practice sometimes referred to as “all or nothing enforcement.” However, the majority of courts will still try to enforce the agreement if they can correct its flaws. Certain courts will rewrite parts of the contract to make it reasonable, a policy referred to as “judicial reformation.” In addition to, or instead of judicial reformation, some jurisdictions employ “blue penciling,” a practice where courts will strike the offending language from the agreement.
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Recent Posts
- Creative Circle’s Effort to Obtain TRO on the Basis of “Excessive Recruiting” Shot Down by the SDNY
- The Defend Trade Secrets Act–A Sea Change In The Fight Against The Misappropriation Of Trade Secrets
- New Study Yields Information On Trade Secret Litigation Metrics
- More States Considering Limitations On Non-Competes Through Legislation
- Court Explains Limits Of Restrictive Covenants In Lift Out Of Executive Team
- A “Bet The Company” Trade Secret Case: Waymo LLC V. Uber Technologies, Inc.
- Non-Competes Are Not For Everyone
- Data Misappropriation–Where To Sue
- Jumping Ship And Getting Sued For It: Nike V. Ralph Lauren
- The White House Opines On Non-Competes
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