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Tag Archives: forum selection clause

California Federal Court Dismisses California Employee’s Challenge Of His Non-Compete Agreement Based Upon Enforceable Forum Selection Provision

Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Unfair Competition

By Robert Milligan and Grace Chuchla

California federal courts have again said it loud and clear — when analyzing whether or not the enforcement of a forum selection clause within a non-competition agreement is contrary to California public policy, the court will not consider the substantive effects of enforcing the clause.  In a recent case out of the Northern District, … Continue Reading

California Federal Court Ships California Employee’s Declaratory Relief Action Seeking To Invalidate His Non-Compete To Pennsylvania

Posted in Non-Compete Enforceability

On February 27, 2012, a California federal judge for the Northern District of California, decided the case of Hegwer v. American Hearing and Associates, finding that the alleged illegality of a non-compete clause in an employment agreement involving a California employee has no bearing on a legal forum selection clause. Accordingly, the Court transferred the employee’s declaratory relief action to Pennsylvania federal court.

Plaintiff … Continue Reading