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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.

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 Agreements

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