Civil Litigation,
Labor/Employment,
Intellectual Property
Oct. 9, 2019
Enforceability of hold-out restrictive covenants increasingly in doubt in California
California's longstanding emphasis on employee mobility and unique skepticism of most noncompete agreements is well-known. Still, certain restrictive covenants, such as prohibitions on post-employment recruitment of former colleagues ("employee nonsolicits") and nondisclosure agreements protecting confidential information have been generally considered enforceable nonetheless.
Laura D. Smolowe
Partner
Munger, Tolles & Olson LLP
350 S Grand Ave.
Los Angeles , ca 90071
Phone: (213) 683-9113
Email: laura.smolowe@mto.com
Yale Law School; New Haven CT
Laura co-leads the firm's Trade Secret and Employee Mobility Practice Group. She can be reached at Laura.Smolowe@mto.com.
California's longstanding emphasis on employee mobility and unique skepticism of most noncompete agreements is well-known. Still, certain restrictive covenants, such as prohibitions on post-employment recruitment of former colleagues ("employee nonsolicits") and nondisclosure agreements protecting confidential information have been generally considered enforceable nonetheless.
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