Category Archives: Non-Competes

Blue Penciling of Non-Competes in Virginia?

Non-competition agreements, AKA non-competes, are enforceable in Virginia provided that they are drafted in terms that are reasonable with regard to duration, geography and scope.  When a non-compete is facially unreasonable because it is vague or overbroad with regard to one of those components, Virginia Courts will refuse to enforce the entire restrictive covenant. Enter the [...]

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Non-Compete Update

In November of 2011, the Virginia Supreme Court provided new guidance regarding the enforcement of Non-Compete Agreements.  Reversing prior precedent, the Court held that a restrictive covenant prohibiting employment “in any capacity” with a potential competitor was over-broad. As a result, Employers are advised to draft narrowly tailored provisions that only seek to limit an [...]

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Supreme Court Affirms New Guidelines for Enforcement of Non-Competes

The Virginia Supreme Court provides new guidance regarding the enforcement of Non-Compete Agreements. Reversing prior precedent, the Court holds that a restrictive covenant prohibiting employment “in any capacity” with a potential competitor is over-broad. As a result, Employers are advised to draft narrowly tailored provisions that only seek to limit an employee’s right to compete [...]

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