Addressing Increasing Uncertainty in the Law of Non-Competes

This article examines this issue through the lens of a recent decision by the Nevada Supreme Court regarding the “blue pencil” doctrine and suggests ways for employers with a significant interest in the enforceability of employee non-competes to prepare themselves for the possibility of unexpected change to the applicable legal framework, including following closely the appellate courts in relevant jurisdictions, ensuring that covenants are appropriately tailored to the employees they cover, and taking advantage of opportunities to regularly review and recalibrate the covenants applying to their employees.