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NV Supreme Court Non-Compete Agreements

Allen Matkins

Nevada Supreme Court Defines Blue Penciling Obligation Of Courts

Allen Matkins on

In 2016, I wrote about the Nevada Supreme Court's refusal to "blue pencil" non-compete agreements so as to make theme enforceable.  Golden Road Motor Inn, Inc. v. Islam, 132 Nev. 476, 488, 376 P.3d 151, 159 (2016).  The...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

Dickinson Wright

Nevada Supreme Court Rules In Favor Of Applying The “Savings Clause” In Enforcing Non-Competition Agreements

Dickinson Wright on

Many practitioners in Nevada had been operating under the assumption that the Nevada Supreme Court’s 2016 opinion in Golden Road Motor Inn, Inc. v. Islam, 132 Nev. 476, 376 P.3d 151 (2016) automatically rendered void 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

Payne & Fears

Nevada Supreme Court Holds That Courts Can Modify Non-compete Agreements

Payne & Fears on

The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the modification of unenforceable...more

Littler

The Competition over Revising and Enforcing Noncompete Agreements in Nevada

Littler on

The Nevada Legislature and Nevada Supreme Court have not always seen eye-to-eye in the interpretation of noncompetition covenants. Historically, the two bodies have parried back and forth in trying to decide where Nevada will...more

Payne & Fears

Employment Law Developments and Trends in 2018 for Nevada Employers

Payne & Fears on

Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...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

Allen Matkins

Nevada Supreme Court Addresses Nationwide Non-Compete

Allen Matkins on

Given California's hostility to non-compete agreements, it is easy to lose sight of the fact that other states don't have the same attitude. In neighboring Nevada, the courts will look to whether the restraint on competition...more

Payne & Fears

Nevada Supreme Court Affirms That Non-Compete Agreements Must be Limited in Geographical Scope

Payne & Fears on

Although rules against broad geographic restrictions in non-compete agreements may be outmoded or “hopelessly antiquated” in this digital age (see Accelerated Care Plus Corp. v. Diversicare Mgmt. Servs. Co., No....more

Fisher Phillips

Nevada Employers: Time To Review Your Non-Competes

Fisher Phillips on

If you are using a noncompetition agreement in Nevada, you may want to consider reviewing that agreement. The Nevada Supreme Court recently held that state courts shall not modify – or “blue pencil” – non-compete agreements...more

Littler

Nevada Supreme Court Rules that Overly Broad Non-Compete Agreements are Wholly Unenforceable

Littler on

In July 2016, the Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue...more

Seyfarth Shaw LLP

All or Nothing: Nevada Supreme Court Refuses to Adopt “Blue Pencil” Doctrine for Non-Compete Agreements

Seyfarth Shaw LLP on

In a recent opinion, the Supreme Court of Nevada refused to adopt the “blue pencil” doctrine when it ruled that an unreasonable provision in a non-compete agreement rendered the entire agreement unenforceable. “Blue...more

Brownstein Hyatt Farber Schreck

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

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...more

Jackson Lewis P.C.

Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling

Jackson Lewis P.C. on

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road...more

Allen Matkins

Nevada Supreme Court Refuses To “Blue Pencil” Unreasonable Non-Compete

Allen Matkins on

Nevada, unlike California, applies a reasonableness test to non-compete agreements. Although the Nevada courts haven’t identified a specific heuristic to be followed, a covenant not to compete will be found to be...more

Allen Matkins

New LLC Is Not Delivered By Sale Membership Interests

Allen Matkins on

Readers of this blog should be well aware of California’s general antipathy to covenants not to compete. See links below. Other jurisdictions, however, are less averse. Assuming that a covenant not to compete is...more

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