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GT Alert — Join the Party. Another California-based Former Employee Challenges Out-of-State Company’s Non-Compete Provisions as Unfair Business Practice

By Daniel T. McCloskey & Kurt Kappes on March 24, 2014
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If your client has California operations and isn’t aware, it could end up like the employer did in Shomit James v. Globus Medical, Inc. James demonstrates that the competition in California for talent remains high, that competitors are increasingly aggressive about hiring employees your client may think are “locked up,” and will offensively challenge standard non-compete, no-hire and non-solicitation provisions with declaratory relief actions.  James serves as a valuable reminder of what is becoming an established practice in California — former employees (often bankrolled by their new employer) sue to invalidate these provisions as void and unenforceable under California law.  To make matters worse they often allege that, in seeking to enforce such restrictions, your client committed unfair business practices.

To view the GT Alert on www.gtlaw.com, please click here.

To view the GT Alert as a PDF, please click here.

Photo of Kurt Kappes Kurt Kappes

Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade…

Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade secrets and employee mobility, computer fraud, non-compete, unfair competition, and Business and Professions Code Section 17200 actions. He has also represented clients in labor and employment issues, including advisory matters, trade secret audits, contracts, discrimination claims, whistleblower cases, and wrongful termination litigation.

Recognized by Super Lawyers magazine, as one of Northern California’s Super Lawyers, Kurt has argued cases before the Ninth Circuit Court of Appeals, the California Supreme Court, and the Third District Court of Appeals. He has also represented clients before the United States Supreme Court, as well as in administrative hearings, arbitrations (single and panel), writ proceedings, jury trials, and bench trials.

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  • Posted in:
    Employment & Labor
  • Organization:
    Greenberg Traurig, LLP

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