By Fredrick P. Niemann, Esq., a NJ Covenant not to Compete Attorney
New Jersey’s Blue Pencil Doctrine
The blue pencil doctrine, as adopted by the New Jersey courts, permits a court to limit the scope of a covenant by striking out specific sections of the covenant. Under this doctrine, a court will effectively, “rewrite” an unenforceable or overly-broad portion of the covenant, if the covenant is physically capable of being limited by striking out text and still leaving a limited restrictive covenant intact. The blue pencil doctrine requires counsel to closely evaluate all of the facts and competing interests implicated in the language of the covenant.
An experienced NJ business law attorney who understands covenants not to compete in NJ is essential to any proposed blue pencil rewrite by the courts of NJ. Contact Fredrick P. Niemann toll-free at 855-376-5291 or email him at fniemann@hnlawfirm.com/.