Nevada’s Middle Path on Non Competes: Revise, Don’t Rewrite

Co-Author, COMMUNIQUÉ, May 5, 2026

Nevada employers need workable tools to protect goodwill and confidential information; employees need a fair opportunity to continue earning a living after they move on. Nevada’s non‑compete regime seeks to honor both interests. Courts may preserve a reasonable restraint through targeted trimming, but they will not draft a new deal for the parties. The distinction—revise, not rewrite, otherwise known as “blue-penciling”—defines Nevada’s middle path. Tough Turtle Turf, LLC v. Scott, 139 Nev. 459, 465–66, 537 P.3d 883, 887–88 (2023).

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