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California doubles down on its anti-noncompete, anti-nonsolicit policy
As I posted a few weeks ago, California passed a law prioritizing its noncompete policy above virtually every other state’s policy. Specifically, the new law adds section § 16600.5 to the California...
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California remains on brand: New law expands restrictive covenant ban and...
Last month, I posted about California’s new law (California Business and Professions Code, § 16600.1) prioritizing California’s noncompete policy above virtually every other state’s policy. I also...
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Delaware Supreme Court Considers Forfeiture-for-Competition Agreements
As readers of this blog may recall, there have been five relatively recent Delaware cases refusing to enforce noncompetes and other restrictive covenants in various contexts, raising doubts about...
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Roundtable: Avoiding the Californication of your noncompetes
We will be hosting a roundtable on November 17, from 1:00 to 3:00 PM ET, about how to plan for California’s new, expanded, anti-restrictive covenant laws. We are scheduled to have almost 50 leading...
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Roundtable on preparing for California’s new, nationwide noncompete ban is...
As everyone reading this likely knows, California will be exporting its ban on noncompetes, nonsolicits, and likely no-recruits to the rest of the country — whether the other states like it or not. On...
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A Primer and Checklist for Protecting Trade Secrets and Other Legitimate...
Hope for the best, plan for the worst. – John Jay The ability to protect trade secrets, other confidential information, customer goodwill, and other legitimate business interests is a difficult task...
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Off-boarding and on-boarding: Critical junctures, significant risks, and easy...
When employees change jobs, everyone is at risk: the employee; the former employer; and the new employer. And this period of transition is when the risks are at their peak. Why? Because employees tend...
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Safe onboarding of employees: Avoid the common pitfalls
Onboarding of employees puts everyone at risk: the employee; the former employer; and the new employer. Why? Because a new job puts employees squarely in a position to use and disclose their former...
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New Trade Secret and Noncompete Case Growth Graph (Updated January 14, 2024)
Once or twice a year, I update my chart of reported noncompete and trade secrets decisions. Here is the latest (full size). Around the time I started my firm, I became curious to see how many trade...
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Washington tightens noncompete, nonsolicit, no-service law
Click image for the iconic fish toss at Pike Place Market. On March 13, Washington passed legislation that will make it harder to enforce noncompetes, nonsolicitation agreements, and no-service...
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