Complex Laws Made Simple.

When used correctly, non-competition, non-solicitation, and non-disclosure agreements help employers prevent unfair competition and trade secret theft.

The laws regulating these contracts have become incredibly complex, exposing unwary employers to significant liability and business risks.

We provide comprehensive compliance tools and daily updates to help attorneys, HR, and business leaders avoid liability and protect their business interests.

Problems

  • In recent years, several states have enacted laws that impose financial penalties or liability on employers for offering, entering into, or enforcing unlawful non-compete agreements. If an employer imposes an unlawful agreement on many employees, its exposure could be significant.

  • Over half of states have changed their restrictive covenants law in the last ten years, and new laws are passed every year. In states governed by common law, new cases are constantly refining the rules of enforceability.

  • The laws governing non-compete, non-solicitation, and non-disclosure provisions vary significantly from state to state. “One size fits all” simply does not work. Employers with workers in many states must grapple with a confusing web of regulations and requirements.

  • In 2023, the Federal Trade Commission and the National Labor Relations Board for the first time set their sights on non-compete agreements. The FTC issued a nationwide ban, and both agencies have gone after employers over their use of non-compete agreements. Challenges to these rules are playing out in the courts.

Solutions

  • Our Daily Rundown is the most comprehensive blog on non-compete and restrictive covenant law in the country. We provide national coverage on new cases, legislation, and regulatory developments every business day. Learn about key issues and developments you won’t find anywhere else, from state and federal cases, to the latest actions by the FTC and NLRB.

  • Our Smart Issue Surveys tool is the “50-state survey” improved. We cover 25 key issues and update them with new cases, bills, and regulations tracked every day. You can create a national snapshot of any issue or pick and choose any number of states and questions to create a custom report for your project, covering the latest legal developments.

  • Take control over the confusing nuances in restrictive covenant law with our Smart Enforceability Checklists tool. Select the jurisdictions and provisions applicable to your project to create a custom checklist covering administrative and substantive legal issues, from advance notice, minimum compensation, and consideration requirements, to limits on temporal or geographic scope, and more.

  • Explore an interactive map showing every pending bill that might impact restrictive covenant law around the country. The Bill Tracker stays up-to-date in real time, so you always have the latest insight on what might affect your business in the future.

Value

  • Blue Pencil Box is simply the best secondary source for non-compete and restrictive covenant law. Reduce the risk of missing key issues when drafting agreements, litigating disputes, or advising clients. Stay at the cutting edge of strategies and expertise with daily updates. Minimize unbillable time spent tracking legal developments.

  • Educate your team on the law so that discussions with outside counsel can be more effective and efficient. Reduce company risk with better internal knowledge of legal requirements.

  • Reduce the risk of errors in contract administration with our practical tools that provide step-by-step guidance on advance notice, minimum compensation, and other administrative requirements.

  • Protecting your business against unfair competition is paramount. We help you quickly understand the legal requirements for non-competition, non-solicitation, and non-disclosure agreements, so you can focus on strategy and execution.