• Posts by Chad J. Smith
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    Employers rely on attorney Chad Smith’s innovative ideas, strategies, and solutions to help them avoid disputes or resolve them with the most favorable outcomes possible.

    Chad represents employers across multiple industries ...

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Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement
Categories: Non-Compete Agreements
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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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