Case Of The Month

Wisconsin Senate Bill 69.  SB 69 would re-write Wisconsin restrictive covenant law.  SB 69 will allow blue-penciling: “If the restraint is overbroad, overlong, or otherwise not reasonably necessary to protect the legitimate business interest, the court shall modify the restraint and grant only such relief as is reasonably necessary to protect that legitimate business.” SB 69 rejects the canons of construction set forth in the Streiff case:  “A court shall construe a restrictive covenant in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement of the restrictive covenant.