TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses
California Business and Professions Code Section 16600 provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent...
View ArticleNo Surprises Here – California Court Won’t Enforce Non-Compete
Employers like covenants not to compete; California doesn’t. Anyone who doubts these two propositions should read the opinion issued last Friday by the Fourth District Court of Appeal in Fillpoint,...
View ArticleCalifornia’s Hostility To Non-Compete Agreements Does Not Vitiate Forum...
In numerous posts, I’ve discussed California’s policy against covenants not to compete as mandated by Business & Professions Code Section 16600. From a different, more positive perspective,...
View ArticleCovenants Not To Compete – Fourth DCA Considers A New Fine Question (Or Two)
I’ve written many times about Section 16600 of California’s Business & Professions Code which, with limited exceptions, voids covenants not to compete. See TRO Issued Enjoining Breach Of...
View ArticleCalifornia Court Issues Non-Competition Order
Covenants not to compete have been in legislative disfavor in California since 1872. This animus is currently codified at Section 16600 of the Business and Professions Code which provides that with...
View ArticleThe Point Of An Unenforceable Noncompete May Be Very Sharp Indeed
Writing for Mother Jones, Kevin Drum recently asked “What’s the point of an unenforceable noncompete agreement?” He posits two possible answers: First, it’s just boilerplate language they don’t really...
View ArticleCourt Of Chancery Rejects Delaware Choice Of Law
The public policies of California and Delaware both espouse freedom. Ironically, the freedoms that they espouse are antithetical to each other. California embraces the freedom of people to pursue any...
View ArticleThe High Price Of Trying To Enforce The Unenforceable
Readers of this blog will know that California marches to its own drummer when it comes to the enforceability of covenants not to compete. California Business & Professions Code Section 16600...
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