My guess is that you could get a lawyer to take it on contingency if you were to be sued. The real issue would be the company hiring you.. would they be willing to take the risk.. They actually have no incentive to b/c they probably use non-competes as well!! So it will take an intrepid employee / applicant to make the case that they were not hired due to the non-compete. OR an employer willing to go to bat (which may happen if it's a doctor/lawyer or someone they feel worth going to bat for. And even then I bet people settle which means the law never gets its mettle tested.