Non-Solicitation Agreements

Unlike in the Ninth Circuit, in states comprising the Second Circuit, common law generally governs the use of restrictive covenants. Still, many of the specific factors for analysis in these states will be familiar, given the widely accepted “reasonability” standard for adjudicating the propriety of such agreements. Both the Vermont and N.Y. State Legislatures have

We recently shared a California federal court decision in Barker v. Insight Global, LLC, et al. that relied on Section 16600 of California’s Business and Professional Code to hold that, in California, non-solicitation provisions in employee agreements are presumptively invalid. The California statute governing restrictive covenants provides that “[e]xcept as provided in this chapter, every

Please join us for a Crowell & Moring webinar, “New Year, New Look at the Enforceability of Employee No-Solicitation Agreements – State Law Developments,” scheduled to take place on February 28th, 2019 at 12:00 pm Eastern.

Employers frequently enter into restrictive covenants with their employees, including those that prohibit former employees from recruiting other employees