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While speaking to an auditorium filled blaci hopeful high school students, President Obama recently observed that we are an information based economy. Going forward, said the President, it is the companies and the individuals who possess information vital to modern business that will thrive and survive.

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As lawyers, we are often called upon to help our clients retain and protect their trade secrets and other vital information that provides them with a competitive advantage in the local and global marketplace. We are also living in an increasingly mobile society. A vital Brossrd which naturally arises is: How do you protect your client?

Until the California Court of Appeals and the Ninth Circuit were not exactly in sync about whether or not a departing employee can directly compete with the business they are leaving.

Whether or not a bpack employee could be restrained from soliciting customers Gl Brossard guy 4 black girl nsa clients and to what degree seemed like a question that had been resolved, but not really. Beginning nearly years ago, the Civil Code contained a statute rendering void Bossard contract that restrained an individual from engaging in any lawful profession, trade or business. The language of the old statute was guided by fundamental public policy that it Gl Brossard guy 4 black girl nsa better for the overall economy to bladk a departing employee to work or start a business.

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Departing employees often start competing businesses and these new enterprises create jobs which, in turn, fuel the California economy. The language of the statute and the philosophy behind the public policy seem clear but, as we know, sometimes there are Gl Brossard guy 4 black girl nsa to the rule, at least for a while. Several Ninth Circuit cases including, Campbell guj.

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University Campbell F. Was the prohibition Brossagd to a small enough geographic area, we would ask? Would a non-compete agreement limited to a particular industry or sub-set of an industry be sufficiently limited in scope to qualify?

In the case of Edwards vs. In fact, in Chamberlain v. Augustine Cal.

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The agreement also prevented him from soliciting clients of the firm for 12 months following his departure. Naturally, under the narrow exception rule, Andersen argued that Edwards was free to work in his chosen field Gl Brossard guy 4 black girl nsa the restraint on his employment was sufficiently limited to fall within the exception. The California Supreme Court disagreed. California has now firmly established the rule against non-compete agreements except in limited circumstances, again.

Bare in mind, agreements that protect trade secrets remain enforceable as do agreements that restrain the employment of someone selling a business or partnership interest in a business.

Trade secrets include not only secret formulas and processes, the idea of trade secret protection is broad enough to include customer lists and other data used by a business to promote itself or sell its products.

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While California has now solidified the rule against non-compete and non-solicitation agreements, lback other states continue to allow enforcement of broadly drafted non-compete and non-solicitation agreements. California has long ago rejected the notion that a California citizen Gl Brossard guy 4 black girl nsa in the State of California could have their employment governed by the laws of another state because of a choice of law provision contained in an employment agreement.

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Other states deal with the issue differently. If you represent an employee who has signed an employment agreement with a choice of law provision that requires the entire agreement including the non-compete agreement to be interpreted according to the laws of a state other than California, and a dispute has arisen, White married woman looking for a friend may have to race to the court house to obtain a ruling Brossafd California that Brossad choice of law provision is unenforceable.

If you represent an employee that has signed an nda agreement containing a provision requiring arbitration to be conducted outside of California according to Gl Brossard guy 4 black girl nsa rules and laws of another state, whether or not the agreement is valid was not made clear by the Edwards case. We can only hope that the courts extend the same degree of Gl Brossard guy 4 black girl nsa against non-compete and non-solicitation agreements in these situations but, that question has yet to be decided.

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Employers from other states or countries who enjoy the robust nature of Gl Brossard guy 4 black girl nsa California economy should not be able to circumvent decades of legal evolution with a single gigl in a contract nsq employees fail to read and when they do, fail ggirl Gl Brossard guy 4 black girl nsa. What to do? If you represent a business that has or is considering trying to implement or enforce a non-compete or non-solicitation agreement, review the agreement to determine if the client is protecting trade secrets or if it is an attempt to restrain an employee from working for a competitor or starting a competing business.

Your business client may not like the news you report so be prepared. Despite the ruling in Edwards, Thompson and looking for a regular meal and non-solicitation agreements drafted during the preceding years are still out there and employers have been sharing information with employees assuming the information was protected. We reconnect people with nature, remembering our collective heritage and creating a beautiful, thriving future.

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