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Appeals Business & Professions Code

Proskauer - California Employment Law

California Court of Appeal Publishes Opinion Upholding Customer Non-Solicitation Covenant

Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan....more

Downey Brand LLP

Trustees May Not Need Lawyers to Seek Instructions from California Courts, But the Do-It-Yourself Approach Remains Hazardous

Downey Brand LLP on

While California trustees hope for smooth sailing, they must navigate waters that can be choppy depending on the assets, trust instruments and personalities involved. As fiduciaries, trustees must honor the trustors’ intent...more

Lewitt Hackman

Employers, in case you were wondering, your employees cannot compete with you

Lewitt Hackman on

Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more

ArentFox Schiff

Court of Appeal Rejects Bias Challenge to Peer Review Hearing Officer

ArentFox Schiff on

The case, Natarajan v. Dignity Health, attracted keen interest as the physician’s arguments, if adopted, would likely have disqualified numerous experienced hearing officers from service in California medical staff peer...more

Buchalter

Managing Problematic Hospital-Based Physicians in Light of Economy v. Sutter East Bay Hospitals

Buchalter on

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Buchalter

California Appellate Court Decision Impacts Ability to Terminate Hospital-Based Physicians

Buchalter on

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Sheppard Mullin Richter & Hampton LLP

Avoiding Disaster Due to Improper Licensing

IT’S NOT ENOUGH FOR A CONTRACTOR TO BE LICENSED . . . it must be properly licensed. We are reminded of this by the recent case of JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District,...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Fisher Phillips

Contractual Employee Non-solicitation Provisions Under Attack: Employer Loses Battle in Case Involving Unique Facts

Fisher Phillips on

California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more

Payne & Fears

Key California Employment Law Cases: November 2018

Payne & Fears on

This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Stoel Rives - World of Employment

California Court of Appeal Calls into Question the Validity of Employee Non-Solicitation Provisions

California Business and Professions Code section 16600 invalidates any contract restraining anyone from engaging in a lawful profession, trade, or business. While this language has been understood to prohibit non-compete...more

Allen Matkins

Court Of Appeal Upholds Injunction Restraining Enforcement Of Non-Solicitation Agreement

Allen Matkins on

California Business & Professions Code Section 16600 is particularly tough on covenants not to compete declaring, with certain exceptions, "every contract by which anyone is restrained from engaging in a lawful profession...more

Fisher Phillips

Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

Fisher Phillips on

A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency...more

Allen Matkins

Ninth Circuit Finds California's Ban On Non-Compete Agreement Can Extend To Substantial Professional Restraints

Allen Matkins on

California, unlike other states, takes an absolutist view of covenants not to compete. Section 16600 of the Business and Professions Code declares, with certain exceptions, "every contract by which anyone is restrained from...more

Stoel Rives - Renewable + Law

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California

In the recently issued but unpublished decision Reed v. SunRun, Inc. (Los Angeles County Super. Ct. No. BC498002, Feb. 2, 2018), the Second District Court of Appeal ruled that a solar power purchase agreement (“PPA”) provider...more

Best Best & Krieger LLP

Cities and Counties Can Regulate Billboards in Unincorporated Areas

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Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

FordHarrison

No-Hire Clauses Common to Settlement Agreements Now Void In California

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The Ninth Circuit Court of Appeals recently broadened California's already expansive interest in promoting employee mobility by voiding any contract provision imposing a meaningful obstacle to a California resident's ability...more

Mintz - Employment, Labor & Benefits...

California Non-Compete Update: No Re-Hire Provisions May be in Jeopardy, Especially for Large Employers

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the...more

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