On Sept. 26, 2024, the U.S. Court of Appeals for the First Circuit ruled California’s statutory ban of noncompete agreements does not override Massachusetts law permitting noncompete agreements where the
Continue Reading First Circuit Denies Extraterritorial Effect of California Noncompete LawKurt 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.
Challengers Take on FTC’s Nationwide Ban on Noncompete Agreements
Background on the FTC’s Noncompete Ban
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to ban virtually all noncompete agreements on the basis that such agreements constitute…
Continue Reading Challengers Take on FTC’s Nationwide Ban on Noncompete AgreementsTrade Secrets Year in Review: 2023
We are proud to present Greenberg Traurig’s Trade Secrets 2023 Year in Review, a high-level overview of some of 2023’s most significant trade secret decisions in the United States.
2023…
Continue Reading Trade Secrets Year in Review: 2023(Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions
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 DecisionsNoncompete Provisions in Employment Agreements: Pending CA Legislation Further Limits Use
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 UseTrade Secrets Year in Review: 2022
We are proud to present Greenberg Traurig’s Trade Secrets 2022 Year in Review, a high-level overview of some of 2022’s most significant trade secret decisions in the United States. 2022…
Continue Reading Trade Secrets Year in Review: 2022Federal Court in Minnesota finds choice of law provision unenforceable based on California Labor Code section 925
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
More than a “Board” Game: How Companies Thrive with Diversity, Equity and Inclusion
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
The Defend Trade Secrets Act and Extraterritoriality
We are rapidly approaching the fifth anniversary of the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1831 et seq. (effective May 2016). As many know, the statute amended sections…
Continue Reading The Defend Trade Secrets Act and Extraterritoriality
California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions
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