Nevada Supreme Court Confirms That Overbroad Non-Compete Agreements Will Be Invalidated, Not Modified

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The Nevada Supreme Court recently held that it is improper for Nevada courts to modify overbroad non-compete agreements. The Court emphasized that it was not creating new law with this ruling, but rather clarifying existing law. Regardless, this decision highlights the need for employers to ensure that their non-compete agreements are reasonably drafted so as to increase the likelihood of enforceability, including narrowly crafting proscriptions on post-employment work for competitors.

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