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California Non-Compete Agreements

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

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This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

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It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2025

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In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...more

Jenner & Block

Client Alert: Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

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We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more

ArentFox Schiff

Hospitality Trends: 10 Legal Issues for Companies in 2025

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As the first quarter comes to a close, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies for 2025....more

Morrison & Foerster LLP

Non-Compete Round Up- FTC, NLRB, California and Delaware

As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

Alston & Bird

California Legislature Introduces Two Bills Regulating Private Equity in Health Care

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Our Health Care Group breaks down two California bills (SB 351 and AB 1415) that would regulate private equity’s and hedge funds’ roles in managing health care and dental practices....more

Mintz

Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?

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In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more

Seward & Kissel LLP

Employment Litigation Roundup: January 2025

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Seventh Circuit upholds forfeiture-for-competition provision in restricted stock unit agreement - A Seventh Circuit panel, in LKQ Corporation v. Rutledge, held that an employer could enforce a “forfeiture-for-competition”...more

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Fox Rothschild LLP

Doing Business in California Guide Updated for 2025

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The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

Fisher Phillips

One Year of California’s New Non-Compete Law: 5 Tips for All Employers to Stay Compliant

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California is well-known for prohibiting most non-compete agreements in the employment context, but the state took things to the next level a year ago. On January 1, 2024, California introduced a new statute that makes...more

Davis Wright Tremaine LLP

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has...

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

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As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

Payne & Fears

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

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Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...more

Foley & Lardner LLP

Recent California Federal Court Decision Indicates That Determining Whether an Employment Agreement Illegally Restrains Lawful...

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In a previous article that we published in October 2023, we detailed California’s forthcoming amendment to its noncompete law. That law, which is codified in California Business & Professions Code sections 16600 et seq, voids...more

Ropes & Gray LLP

[Podcast] California Law for Asset Managers: Navigating Noncompete Statutes & Workplace Violence Prevention Plans

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On this episode of Ropes & Gray’s California Law for Asset Managers podcast series, asset management partner Catherine Skulan and employment partners Greg Demers, Richard Kidd and associate Patrick Maher, discuss recent...more

Paul Hastings LLP

Private Company Report: Third Quarter 2024

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This edition of the Private Company Report highlights critical updates and regulatory changes affecting private companies, including the new beneficial ownership reporting requirements under the Corporate Transparency Act,...more

Jones Day

Employer Prevails in First Test of California's Newest Noncompete Law

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In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more

Jaburg Wilk

The First Circuit Limits California’s Noncompete Ban

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On September 26, 2024, the First Circuit Court of Appeals ruled against extending California’s strict noncompete ban to agreements executed outside of California and governed by another state’s law. This decision highlights...more

Clark Hill PLC

DraftKings Case Shows Limited Reach of California’s Noncompete Ban

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It is no secret that California is hostile to noncompetition (noncompete) agreements. As of Jan. 1, 2024, California employers cannot enforce nor enter into noncompete provisions or agreements with an employee or prospective...more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

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California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement

In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal answered two long outstanding questions of California law concerning the...more

Sunstein LLP

Enforcing a Non-Compete Against a Former Employee in California

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What happens when a senior executive leaves a Massachusetts company, with which he has a non-compete, to go to work for a competitor in California, which forbids most non-competes? This question was front and center when...more

Allen Matkins

California Court Opines On Fiduciary Duties Of LLC Members And Covenants Not To Compete

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Yesterday, the Fourth District Court of Appeal issued a noteworthy opinion addressing at least two significant questions.  Samuelian v. Life Generations Healthcare, LLC, 2024 WL 3878448....more

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