Showing posts with label Blue-Pencil. Show all posts
Showing posts with label Blue-Pencil. Show all posts
Tuesday, July 10, 2018

Back from Hiatus (Part I): Illinois Case Law Update

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I've been uncharacteristically quiet about the subject of restrictive covenants, consumed (somewhat mercifully) by other cases in other ...
Tuesday, May 29, 2018

Justice Thomas and Questions About Severability

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A lot can be said about Justice Clarence Thomas. Some of it bad, but much of it quite good. For those who assert he is one of the worst Supr...
Friday, June 30, 2017

The Reading List (2017, No. 22): The "Not Precedent Opinions Can Be Interesting" Edition

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Non-Compete and Trade Secrets News for the week ended June 30, 2017 *** LinkedIn "Solicitations" From the Appellate Court of...
Friday, March 10, 2017

The Reading List (2017, No. 10): South Carolina Interprets Stealth Confidentiality Agreement

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Non-Compete and Trade Secrets News for the week ended March 10, 2017 *** South Carolina Non-Competes The Court of Appeals of South Car...
Tuesday, February 28, 2017

Georgia Ruling Illustrates Difficulty with Relying on Blue-Pencil Rule

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One of the issues I see most frequently when litigating non-compete disputes involves what's known as the blue-pencil rule. The rule act...
Friday, February 10, 2017

The Reading List (2017, No. 6): Surprise Result on Blue-Penciling Rule in Georgia

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Non-Compete and Trade Secrets News for the week ended February 10, 2017 *** Georgia Blue-Penciling of Restrictive Covenants Last Decem...
Thursday, July 28, 2016

Supreme Court of Nevada Rejects Blue-Pencil Doctrine

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Non-compete law continues to evolve at the state level, both in terms of targeted legislation and judicial refinement of common-law principl...
Friday, July 31, 2015

Seventh Circuit Endorses Use of Blue-Pencil Rule for Non-Competes

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More times than not, courts in non-compete disputes confront restrictive covenants that have problems. Sometimes the problems are severe and...
Tuesday, November 19, 2013

Georgia Court of Appeals Discusses Anti-Severability Rules

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One of the defining characteristics of a state's non-compete law is its application of the blue-pencil rule. Although several variations...
Thursday, August 15, 2013

More from Tradesmen Int'l v. Black: Analyzing Judge Hamilton's Concurring Opinion

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When construction staffing industry titan Tradesmen International lost its appeal in the Seventh Circuit, it suffered more than just a defea...
Monday, May 13, 2013

You Can't Reverse Blue-Pencil a Non-Compete

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By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious. For background, the "bl...
Friday, December 28, 2012

The Year In Illinois Non-Competes Fittingly Concludes With Another Rule 23 Order

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A few months ago, I wrote a post about a problem that I perceive with the way our appellate court of Illinois has been handling non-compe...
Saturday, December 1, 2012

Georgia Case Demonstrates Importance of Addressing Choice of Venue and Law Clauses

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Readers know from prior posts that Georgia is one of the "red-flag" states when it comes to non-compete disputes. Non-compete ...
Friday, April 13, 2012

End of the Week Discussion

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I thought I'd take after Russell Beck and John Marsh and provide a longer summary of some cases, articles, and blog posts I read the pas...
Tuesday, September 27, 2011

Step-Down Clauses May Be Important In Blue-Pencil States (Team IA, Inc. v. Lucas)

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Step-down clauses are not something I often see in non-compete agreements. The basic premise is fairly easy to grasp. A step-down clause pro...
Friday, April 22, 2011

Be Careful When Drafting Geographic Restriction in Louisiana (In re Gulf Fleet Holdings, Inc.)

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Louisiana is one of those special drafting states. Attorneys must proceed with great care when drafting the scope of a non-compete restricti...
Wednesday, April 13, 2011

Court Considers Hypotheticals In Determining Overbreadth of CVS Non-Compete Agreement (Saban v. Caremark Rx, LLC)

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I have written often on the important of good, clear drafting. At a seminar I presented last week, a circuit court judge agreed with my obse...
Monday, April 4, 2011

"Reasonableness" of Non-Compete Must Be Examined In Totality (Delaware Elevator, Inc. v. Williams)

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As readers know, a non-compete's enforceability depends on whether it is reasonable under the law. The idea of reasonableness is multi-l...
Tuesday, March 15, 2011

One-Way Fee Shifting Clauses and Public Policy

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Fee-shifting clauses are fairly common in non-compete agreements. While most fee-shifting provisions in negotiated commercial contracts are ...