In addition, employers should expect that evidence of the business interests underlying the non-competition will be thoroughly reviewed. Time and geography constraints require evidence that they are appropriate and necessary for the employer to establish the relationship. Before you rush into litigation, the employer and its lawyer should confirm their ability to bear the employer`s burden by providing first-line evidence showing that the terms of a non-compete clause are appropriate and enforced. Specifically, the majority stated that “we have long given up on reforming or putting in pencil private party contracts”11, citing three cases concerning “blue-penciling”, in particular with regard to non-competition agreements12. that “the cases do not allow an amendment of a non-competition agreement by the Tribunal, but provide for “the amendment of a publication ban instead of the original contract”. 13 The Nevada Supreme Court therefore held that it had acted in accordance with its previous decisions, since the Golden Road case was not an application for interim measures, but a final judgment.14 Nearly a year ago, on July 21, 2016, the Nevada Supreme Court rendered its decision in Golden Road Motor Inn, Inc. d/b/a Atlantis Casino Resort v. Islam and Grand Sierra Resort, 132 Nev. __, 376 pp.3d 151 (2016). In Golden Road, the court confirmed that competition bans that go “beyond what is necessary to protect the interests of the former employer” are inappropriate and unenforceable. To put it again, if you comply with the non-competition clause by other means, you can probably take care of your employer`s clients if they voluntarily use your services without you soliciting them. Of course, this part is only for former customers or clients of the employer while the employee is working on it, and not for other potential clients or clients who are in the restricted area and who may voluntarily contact the employee. .

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