Perspective
Sep. 23, 2010
Hanging By a Thread: Non-Solicitation Clauses and the Trade Secret Exception
It is time for employers to let go of invalid and liability-inviting non-solicitation clauses, by Matthew F. Miller and Erik S. Morrison of Carroll, Burdick & McDonough.
Like scofflaw cell phone clutching drivers, customer non-solicitation clauses remain ubiquitous in California employment contracts although largely invalid and unenforceable under established law. Why can't sophisticated employers let go of these void and potentially liability-inviting clauses? Conventional wisdom that most employees will blindly abide non-solicits clearly no longer holds true - a cursory Interne...
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