Why Not Blue Pencil?

“Blue penciling” refers to the convention whereby a court may exercise its discretion to modify parts of a contract that violate public policy, and which are, therefore, void.  In the employment context, the questions whether, when and how much blue penciling is warranted come up most frequently when courts are asked to enforce restrictive covenants such as noncompete and nonsolicitation agreements.    A decision last year in the Colorado Court of

The “Choice of Law” in Non-Compete Disputes

The “choice of law” in a non-compete dispute can impact the outcome of the case.  New York, Massachusetts, and California, for example, have highly developed laws that favor employee mobility.  Other states might be more inclined to enforce a non-compete agreement according to its terms.  Therefore the question of which

Federal Ban on Non-compete Agreements—Is It Possible?

Non-compete agreements have the attention of congress.  A bipartisan effort to regulate non-compete agreements on a federal level was introduced in the U.S. Senate in October 2019 by Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.). Senate Bill 2614, the Workforce Mobility Act of 2019, proposes a near federal ban of all employee non-compete agreements, with limited exceptions