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  • 50 State Noncompete Chart | Beck Reed Riden LLP
    Whether the state follows the reformation rule (also known as “judicial modification,” the “rule of reasonableness,” the “reasonable alteration approach,” and the “partial-enforcement” rule), the blue pencil doctrine, or the red pencil doctrine (also known as the “all or nothing” rule)
  • Massachusetts law about noncompetition agreements | Mass. gov
    HRMA Perspectives publishes “The Supreme Judicial Court and the new law imposing restrictions on non-compete agreements in Massachusetts”, Bowditch, October 2018 Detailed summary of the provisions of the 2018 Massachusetts Noncompetition Agreement Act (MGL c 149, § 24L)
  • A Quick State-By-State Guide on the Blue-Pencil Rule
    Under the blue-pencil rule, a court could strike out DuPage and Kane if the employee only sold to customers in Cook County However, if the employee worked in product development - and not sales -the blue-pencil rule would not work
  • Massachusetts Noncompete Law - A Primer - Fair . . . - Fair Competition Law
    The approach differs from the so-called blue pencil approach, in which a court simply deletes the offending language (literally crossing it out, with no new language written in) and, if—but only if—the agreement still makes sense with such language omitted, enforces the balance of the contract as written
  • What is Blue Penciling for a Non-Compete? [State Laws]
    Blue penciling allows a court to strike out unreasonable or overly broad terms of a non-compete to make it enforceable under state laws Courts allow a blue pencil to be applied in 39 of 50 states For it to be applied, a severability clause is commonly required as part of the covenant or agreement if blue-penciling is permitted
  • “BLUE PENCILING” NON-COMPETITION AGREEMENTS - Trading Secrets
    “Blue penciling,” strictly defined, is when a court will strike certain parts of or certain words in the agreement In certain states, reformation is allowed under a more lenient theory of modification of non-competition agreements We include reformation states under the list of states that allow a form of “Blue Penciling ”1
  • Of Red and Blue Pencils: Three Ways In Which States Can Respond to . . .
    Broadly speaking, a court can do one of three things with a defective covenant not to compete: (1) The court can throw out the entire covenant not to compete This is sometimes called the “red pencil” doctrine
  • What is a Blue Pencil Rule? Definition and examples - LawDistrict
    Also known as the blue pencil doctrine, the blue pencil rule is a legal term that allows parts of a contract to remain enforceable while other parts are deemed unenforceable The rule may not be invoked to change the original meaning of a contract
  • Blue pencil doctrine - Wikipedia
    The blue pencil doctrine is a legal concept in common law countries in which a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable
  • Blue Pencil Rule: Everything You Need To Know - UpCounsel
    Blue Pencil Rule: Everything You Need To Know With a blue pencil rule the judicial system decides whether to invalidate an entire contract or only the unenforceable parts 4 min read updated on November 03, 2020





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