Civil Litigation,
Labor/Employment
Jul. 10, 2019
Avoiding the ban on noncompetes: Is it possible?
Recently, the Delaware Court of Chancery did an about face and upheld a Delaware choice-of-law provision in an employment agreement between a Delaware employer and a California employee, ultimately recognizing the enforceability of the noncompete.
Wendy M. Lazerson
Partner
Sidley Austin LLP
1001 Page Mill Road
Palo Alto , CA 94304
Email: wlazerson@sidley.com
Union University, Albany Law School
Katharine M. Miner
Associate
Sidley Austin LLP
Email: kminer@sidely.com
Katharine is based in the firm's Palo Alto office and a member of the Labor, Employment and Immigration group. She can be reached at kminer@sidley.com.
California's disfavoring of covenants not to compete is no secret. Business and Professions Code Section 16600 states it plainly enough: "[E]very contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." This belief in employee mobility was recently underscored by the case of $95
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