Non-Compete Agreements Attorney in Woodland Hills, California

Non-Compete & Non-Solicitation Agreements: What trends do you see in non-compete and non-solicitation agreements?

More In This Category

View Transcript

In California as well as throughout the country there’s been a significant shift in the law as it relates to noncompete and antisolicitation agreements. If we looked at the law 15 years ago there would be more significant enforcement and regular enforcement of noncompete and antisolicitation clauses. The courts were certainly more willing and able to enforce those agreements but the trend has not just in California but throughout the country changed substantially where there’s not too many states and in particular, California is leading the charge in this regard that will enforce noncompete agreements in any regard.

Given our capitalist society there is a reluctance in the courts to enforce agreements that prevent people from engaging in their profession. But the trend was to start just that noncompete were not going to be enforceable but that has leaked over into the antisolicitation side. So now, if you are taking customer lists, if you’re taking technology, if you are stealing anything that could be considered a trade secret or proprietary or you’re taking that with you there was a pretty strong sense in the law that courts would enforce those types of things. But that area, the antisolicitation and then the trade secrets aspect has also shifted and in particular in California there is a trend that shows that the courts still want to allow new businesses to make their way and they don’t want to handcuff them even as it relates to poaching of employees, the taking of certain aspects of a customer list that might otherwise be public.

And so, what we see are these pitch battles between often large companies and companies that have broken away with the larger company seeking to use their resources and their will to try and enforce noncompete and antisolicitation clauses but the courts are really reluctant to do that. And so, as it relates to the employer side of the fence, any employer that’s seeking to enforce those noncompete or enforce those antisolicitation clauses should be very careful to identify the confidential information that an employee might have taken with them. Because those things a court will positively respond to and the courts will enforce those still despite the trend in the law.

Los Angeles, CA employment lawyer David G. Jones talks about the trends in non-compete and non-solicitation agreements today.

More Videos From This Lawyer