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Who cares if it is unenforceable?
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In many ways it is unenforceable".
In three words: It is unenforceable.
The Bloomberg administration has also expressed opposition to the cellphone ban, arguing that it is unenforceable.
It is unenforceable, non-binding and at present has little bearing on the rest of the industry.
It is unenforceable and unpopular and, more important, it could be used by enemies of a particular company to force virtual embargoes – something no lobbyist wants.
Papermaster's corner says that not only is the non-comp clause "unreasonably broad," but the statute of limitations is "unreasonably lengthy" and even if that weren't the case, it's "unenforceable" due to it being a part of NY law and Papermaster himself being bound only by Texas and California law.
"But who says it's unenforceable?
The law remained on the statute book for several months while the Justice Ministry argued that it was unenforceable.
Last March in the Hooters case, a Federal judge in Florence, S.C. called Hooters' policy "sham arbitration" and concluded it was unenforceable.
No court would rule against this as it's unenforceable.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.
Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com