California generally takes an unfavorable view of noncompete provisions, treating them as unenforceable in all but a few limited circumstances, as those familiar with California employment law know. See, e.g., Business and Professions Code 16600 and Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937.

Now, if recently introduced legislation finds support, those exceptions may be tightened further still. And employers and counsel would be subject to special penalties for violations.

Continue reading the full GT Alert.

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Photo of Kurt Kappes Kurt Kappes

Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade…

Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade secrets and employee mobility, computer fraud, non-compete, unfair competition, and Business and Professions Code Section 17200 actions. He has also represented clients in labor and employment issues, including advisory matters, trade secret audits, contracts, discrimination claims, whistleblower cases, and wrongful termination litigation.

Recognized by Super Lawyers magazine, as one of Northern California’s Super Lawyers, Kurt has argued cases before the Ninth Circuit Court of Appeals, the California Supreme Court, and the Third District Court of Appeals. He has also represented clients before the United States Supreme Court, as well as in administrative hearings, arbitrations (single and panel), writ proceedings, jury trials, and bench trials.

Photo of Magaly Zagal Magaly Zagal

Magaly Zagal represents a variety of clients before the California Legislature, Administration, and Departments including biopharmaceutical, provider health care industry, auto manufacturers, education administrators and non-profit organizations. Magaly leverages her experience in health care law and government relations to offer clients effective representation…

Magaly Zagal represents a variety of clients before the California Legislature, Administration, and Departments including biopharmaceutical, provider health care industry, auto manufacturers, education administrators and non-profit organizations. Magaly leverages her experience in health care law and government relations to offer clients effective representation while balancing legal and political implications.