Contract Drafting, Restrictive Covenants, Blue Pencil Contract Modification

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

Foley & Lardner LLP on 1/14/2025

In line with the national trend making noncompetes more difficult to enforce, a number of Delaware courts have recently refused to “blue pencil” overbroad noncompetition agreements and have stricken them in their entirety. As...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/1/2021

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

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

Kramer Levin Naftalis & Frankel LLP on 7/1/2020

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

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

Faegre Drinker Biddle & Reath LLP on 6/2/2020

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

Contract Drafting › Restrictive Covenants › Blue Pencil Contract Modification

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

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

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

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

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

Tips for Drafting Executive Employment Agreements – Tip #3 – Restrictive Covenants

Recent Decisions Highlight Courts’ Reluctance to Modify Overbroad Non-Compete Provisions

Contract Drafting › Restrictive Covenants › Blue Pencil Contract Modification

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

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

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

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

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

Tips for Drafting Executive Employment Agreements – Tip #3 – Restrictive Covenants

Recent Decisions Highlight Courts’ Reluctance to Modify Overbroad Non-Compete Provisions

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