In This Presentation:
The California Landscape: A Refresher
- Post-Termination Non-Competes
– Unenforceable under Bus. & Prof. Code §16600 and Edwards v. Arthur Andersen
– Other jurisdictions may allow if reasonably necessary to protect legitimate business interests and if reasonable in time and geographical scope
– Designating another state's law as controlling will not override CA public policy
– The “race to the courthouse”
- Excerpt from Post-Termination Non-Competes:
Non-competes may be enforceable IF:
– Qualifies under sale or dissolution of business ownership exception
– During employment
– For non-solicitation of customers and employees if necessary to protect trade secrets
..Caution: Edwards v. Arthur Anderson did not rule on the “trade secret exception”; subsequent CA and federal courts in flux
– Contained in an ERISA plan (preemption)
– Garden Leave -- not yet tested in CA
– Legitimate forum selection and choice of law clauses.
Please see full presentation below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.