Civil Litigation,
Labor/Employment
Jun. 4, 2019
Nonsolicitation agreements: new challenges to enforcement in California
Recently state and federal courts alike have expanded the interpretation of California law to void not only covenants not to compete, but also to invalidate nonsolicitation agreements.
Paul S. Cowie
Partner
Sheppard, Mullin, Richter & Hampton LLP
Phone: (650) 815-2600
Email: pcowie@sheppardmullin.com
Paul manages a large team that defends employers in every type of employment dispute, including discrimination and harassment, independent contractors and the gig economy, wrongful termination and whistleblower complaints, as well as trade secret litigation. He is a trial-ready litigator who knows how to resolve all forms of employment-related disputes efficiently and effectively.
Nora K. Stilestein
Senior Associate
Sheppard, Mullin, Richter & Hampton LLP
Phone: (213) 620-1780
Email: NStilestein@sheppardmullin.com
Nora has extensive experience in all aspects of employment litigation, from initial workplace investigations through trial. Nora defends employers against claims of harassment, discrimination, and retaliation, as well as proposed wage and hour class actions.
California has a well-established policy of promoting open competition and employee mobility, as codified in Business and Professions Code Section 16600. Section 16600 provides: "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."
For decades, California courts have interpreted the statute to void noncompete agre...
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