Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent
Continue Reading California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions

Although California law generally prohibits non-competition agreements, some courts in a number of unpublished opinions have enforced non-solicitation clauses restricting former employees from pirating their former colleagues. A California appellate
Continue Reading California Appellate Court’s Expansive Opinion Creates Doubt Over Employee Non-Solicitation Agreements

Greenberg Traurig recently published a multi-country survey InfoPAKSM on covenants not to compete through the Association of Corporate Counsel (ACC). Covenants not to compete are important for employers
Continue Reading GT Publishes a Multi-Country Survey with the ACC on Covenants Not to Compete

Greenberg Traurig recently published an InfoPAKSM on covenants not to compete through the Association of Corporate Counsel (ACC). Covenants not to compete are important for employers to consider
Continue Reading Greenberg Traurig Publishes a 50-State and DC Survey with the ACC on Covenants Not to Compete

Drafting an effective employment agreement or release has become a challenging endeavor for a new reason. In Golden v. California Emergency Physicians Medical Group, the U.S. Court of Appeals for the Ninth Circuit added another source of concern to those employers who deploy “no re-hire” provisions in releases. Following Golden, a fact-intensive inquiry may be required into the particular provision to determine if it constitutes “a restraint of a substantial character,” — here, whether or not there was a restraint of a substantial character of Dr. Golden’s medical practice. And, given the Ninth Circuit’s reading of California law, Golden may also have implications well beyond the employment context, possibly extending to certain commercial contracts as well, to the extent they can be said to restrain anyone from engaging in a lawful profession, trade or business.
Continue Reading Ninth Circuit Broadens California Rule Against Non-Competes