Surprising Non-Compete Decision from Minnesota Court of Appeals Enforces “Boilerplate” Remedies Clause
Update: On June 27, 2018, the Minnesota Supreme Court overturned the decision made by the Minnesota Court of Appeals, discussed below. To read the Minnesota Supreme Court’s decision, click the following link: Minnesota Supreme Court Holds a Non-Compete Agreement Cannot Mandate an Injunction. A surprising decision from the Minnesota Court of Appeals suggests that a […]
The Blue Pencil Doctrine in Minnesota
Minnesota is among those states that has adopted the “blue-pencil doctrine” which allows a judge to modify the terms of a non-compete or other restrictive covenant as an alternative to either enforcing the clause as is, or not enforcing it. Under the blue pencil doctrine as applied in Minnesota, “a district court that finds a […]