Wyoming Clauses Relating to Venture Opportunities, competition
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FAQ
The Wyoming employment contract aims to establish a new business relationship between the employer and employee. Based on the longevity of the position, the agreement will state the position as well as any other benefits (healthcare, holidays, 401k, etc.) that come with the job.
Technically, the ?blue pencil? rule refers to option (b) ? i.e., just striking out the unenforceable terms ? but option (c) also is commonly referred to as ?blue penciling? the agreement. Wyoming courts used to be willing to modify overbroad restrictions and partially enforce them in modified form.
To be enforceable, a Wyoming noncompete agreement must be (1) in writing; (2) part of a contract of employment; (3) based on reasonable consideration; (4) reasonable in duration and geographical limitations; and (5) not against public policy.
On July 1, 2023, Minnesota will join California, North Dakota, and Oklahoma in the small (but growing) group of states that impose a full ban. Minnesota's law is the first total non-compete ban since Oklahoma banned them in 1890, more than 130 years ago!
In the US, blue penciling commonly refers to the practice of modifying, narrowing, or deleting an unenforceable contract or contractual provision so that the remainder of the agreement is enforceable. It is often used by courts adjudicating challenges to restrictive covenants.
While similar to the blue pencil doctrine (which is frequently used as a catch-all term to apply to any modification of a restrictive covenant), the purple pencil doctrine differs in that it allows rewriting non-compete agreements to make them enforceable while the blue pencil doctrine, when using the term in its ...
In Alabama, Alaska, Colorado, Connecticut, Delaware, Illinois, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Washington, West Virginia, and Wyoming, courts will only reform the ...
While the majority of states allow their courts to use the blue pencil contract law under reasonable circumstances, three prohibit its use, and some have unclear guidance.