Quote of the Day - This place makes Mayberry look like a think tank.
Unfortunately for Marsh, the dispute ended up in a Georgia court, where the law on noncompete agreements is pretty tough. So tough, in fact, that if any one provision is invalid, then the entire agreement is deemed invalid.
No such thing as a savings clause to protect the remainder of the agreement. If you're a national or international company with offices in more than one state, then you may want to think about where you litigate these cases. In California, noncompete agreements are generally unenforceable. Trade secret agreements, on the other hand, are.
Depending on what type of agreement you've structured with your employees, you want to give some thought to what court you appear trying to enforce it. Marsh, in this instance, apparently found itself in the wrong forum, and now its noncompete agreements are invalid - across the country. There's a lot of that going around lately.