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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: Unconscionability

Employment Agreement Mandating Arbitration With Exclusion To Seek Equitable Relief From Court For Non-Compete Violations Found Unconscionable

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

Summary:  Tatum, an employee of ProBuild, purportedly blew the whistle on her subordinate for allegedly stealing from ProBuild.  Shortly thereafter, she was fired, but alleged similarly situated male employees were not.  She filed a gender discrimination suit in a New Mexico state court. ProBuild removed the case to federal court and then moved to compel arbitration based on the mandatory … Continue Reading

California Appellate Decision Clarifies Standard for Injunctive Relief Carve-Outs Within California Arbitration Agreements

Posted in Practice & Procedure, Restrictive Covenants, Trade Secrets

By Robert Milligan and Grace Chuchla

Arbitration agreements with carve-outs for provisional remedies are again the topic du jour, particularly in California courts which apply a stringent unconscionability analysis to employee arbitration agreements.

As we previously discussed on this blog, in October 2012, a federal district court for the Eastern District of California upheld an arbitration agreement even though it … Continue Reading

California Federal Court Finds Arbitration Agreement’s Exclusion of Injunctive Relief for Trade Secrets and Unfair Competition Claims Is Not Unconscionable

Posted in Trade Secrets, Unfair Competition

By Joshua Salinas and Grace Chuchla

The fight over an employer’s attempt to enforce arbitration agreements in the face of wage and hour class action claims is a common one in the world of labor and employment law. In fact, this is the very question that a federal district court for the Eastern District of California recently considered in Steele, Continue Reading