Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a third-party, the California Supreme Court unanimously held:

  1. to state a claim for tortious interference with an at-will contract, a plaintiff must allege that the defendant engaged in an independently wrongful act, and
  2. in determining the validity of a competitive restriction in a business-to-business agreement under Business and Professions Code section 16600, the rule of reason applies and such restriction is not per se void.

The Court’s decision will impact how companies contracting under California law decide to set up their contracts and whether they will agree to the at-will termination of such contracts. The decision also provides some clarity for businesses that include competitive restraints with other companies in their commercial dealings, such as exclusive dealing and collaboration agreements, licenses, leases, and franchise agreements, as such restraints are not per se void under Section 16600 but subject to a rule of reason analysis.
Continue Reading California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts Rule of Reason in Evaluating Competitive Restraints in Contracts Between Businesses

On October 29, 2013, at 12:00 p.m. Central, Chicago Seyfarth attorneys Shashank Upadhye, Scott Schaefers, and Justin Beyer will present the tenth installment in our 2013 Trade Secrets webinar series, focusing on trade secrets in the pharmaceutical industry.

The topics they will cover include:

  • Defining and understanding trade secrets in the pharmaceutical market, including the

By Ryan Malloy and Joshua Salinas

The Court of Appeals of Indiana recently reversed and remanded a 2008 suit brought by the North American Boxing Council (NABC) against HDNet LLC (HDNet), in which the NABC alleged that HDNet stole its idea for a mixed martial arts (MMA) broadcast series after the parties had discussed a

Trade Secrets 2011 Webinar Series – The Anatomy of a Trade Secret Audit: Is the Data That Drives Your Company Adequately Protected?

May 25, 2011

10:00 am – 11:00 am Pacific
11:00 am – 12:00 pm Mountain 
12:00 pm – 1:00 pm Central
1:00 pm – 2:00 pm Eastern

CLICK HERE TO REGISTER

 With the