Photo of 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 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.

Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules

Continue Reading (Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions

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.

Continue Reading Noncompete Provisions in Employment Agreements: Pending CA Legislation Further Limits Use

California Labor Code section 925 remains a potent weapon for departing employees who live and work in California who wish to avoid covenants not to compete.  Often, employers will place
Continue Reading Federal Court in Minnesota finds choice of law provision unenforceable based on California Labor Code section 925

Over the past few years, California has enacted legislation that requires public companies in California to meet certain diversity metrics with respect to their boards of directors. These board-specific requirements
Continue Reading More than a “Board” Game: How Companies Thrive with Diversity, Equity and Inclusion

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