Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and invalidate the entire agreement; (2) the court can apply the “blue pencil” doctrine and strike the unenforceable provisions; or (3) the court can modify the non-compete agreement to make it enforceable.
In 1975, the Ohio Supreme Court adopted a rule of “reasonableness” when determining whether to enforce a non-compete agreement, holding in ...
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Recent Updates
- President Trump’s August 13, 2025, Executive Order Rescinds President Biden’s Executive Order on Non-Competes, Turning the Clock Back to an Era of Federal Deregulation
- Expanding the Reach of the DTSA: New Ruling Clarifies “Act in Furtherance” Requirement
- Florida Passes Employer-Friendly Restrictive Covenant Legislation
- Texas Amends Restrictive Covenant Laws for Healthcare Providers
- New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers