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The Blue Pencil Doctrine is Always an Eraser

Under Indiana law, courts have routinely employed the "blue pencil doctrine" to revise noncompetition agreements that they have deemed to be unreasonable. Specifically, a court will delete the problematic terms and enforce the remaining parts determined to be reasonable. Traditionally, the doctrine has been strictly applied to only be an "eraser"—where a court can delete, but never add terms. However, what happens when the contract itself contains a provision that authorizes a court to add terms to fix a contractual problem? More ›

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