California Restrictive Employment Covenants after Edwards

Details

Author(s):
  • Mark Lemley
Publish Date:
November 4, 2008
Publication Title:
23 California Labor & Employment Law Review, January 2009 ).
Format:
Working Paper
Citation(s):
  • Mark A. Lemley & James H. Pooley, California Restrictive Employment Covenants after Edwards, 23 California Labor & Employment Law Review, January 2009 (also Stanford Public Law Working Paper No. 1295606 (2008)).

Abstract

In Edwards v. Arthur Andersen, the California Supreme Court reaffirmed the state's strong policy against noncompetition agreements, rejecting the Ninth Circuit's “narrow restraint” exception. We explain what the Court did, why California's policy makes sense, and what the opinion will mean for employers, for the high-tech industry, and for trade secret law.