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Restrictive Covenants › Contract Drafting › Blue Pencil Contract Modification

Foley & Lardner LLP

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

Foley & Lardner LLP on

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

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

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

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

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

Kramer Levin Naftalis & Frankel LLP

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

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

Faegre Drinker Biddle & Reath LLP on

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

FordHarrison

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

FordHarrison on

When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the...more

BCLP

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

BCLP on

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be...more

Nutter McClennen & Fish LLP

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

Nutter McClennen & Fish LLP on

In what may be a trend, several courts around the country this year have embraced strict interpretations of non-compete agreements, refusing to blue pencil or equitably reform overbroad or unreasonable clauses in non-compete...more

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