Writing yesterday about a Maryland Court's authority to revise non competition agreements to make them conform to the law (so called "blue pencil" authority) reminded me of the effort in 2005 to codify Virginia's law on non-compete agreements. The Senate bill passed committee then died. A Virginia Chamber of Commerce newsletter takes credit for persuading the bill's sponsor to study the matter further. It appears there was no effort to move a similar bill this year.
Expressing no opinion on the Virginia Bill's merits, similar legislation in Maryland may bring more certainty (by eliminating the blue pencil rule) and even the playing field in this area.
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