Business and Professions section 16600

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By Robert Milligan and Grace Chuchla

In a recent order, a federal court in the Northern District of California weighed in on the validity a forum selection clause contained in an employment agreement in connection with a California employee’s declaratory relief action to invalidate his non-compete provision with his former employer. The court found for the Pennsylvania-based employer and…
Continue Reading California Federal Court Boots Employee’s Challenge Of His Non-Compete Because Of Pennsylvania Forum Selection Provision

By Robert Milligan and Joshua Salinas

Non-competition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to California’s general prohibition against non-competition agreements. A recent California Court of Appeal decision, however, further narrows this limited exception. 

In Fillpoint v. Maas, …
Continue Reading California Court Of Appeal Finds That Non-Competition Agreement Contained In Employment Agreement Is Unenforceable Against Former Seller/Employee Even Though It Was Executed In Connection With The Sale Of A Business