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Perspective

Feb. 13, 2010

Days of Reliance On Restrictive Covenants Are Long Gone

Rodger Cole and Julie Nokleberg of Fenwick & West discuss reliance on tort remedies by companies trying to protect their trade secrets and confidential information.

By Rodger Cole and Julie Nokleberg

Long gone, it appears, are the days that your company can rely on a simple covenant not to compete or a customer non-solicitation clause (collectively referred to as "restrictive covenants") to protect its confidential, proprietary business information from misuse by former employees. Now, you must instead be prepared to rely on tort remedies available under California's Uniform Trade Secrets Act California Civil Code Section 3426 et ...

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