Partner Mark Konkel
authored the Westlaw Journal
article “California’s New Labor Code Section 925: What Happens in California Stays in California.” The article discusses how California law has changed the employer playbook for crafting enforceable noncompetition agreements. California law, Mark writes, is notoriously hostile to noncompetes. As a result, many employers tried to have their employee noncompetes governed by the law of another state. “[S]avvy employers have turned to a clever strategy,” writes Mark. “Get disputes arising under these agreements outside California, and then you do not have a California problem at all.”
However, recent changes to California law make that kind of choice-of-law provision as illegal as a noncompete itself. Mark’s article discusses this challenge and the new business practices it necessitates.
To read the full article, click here