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California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions

By Kurt Kappes & Mark D. Lurie on December 17, 2020
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Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent California appellate case, however, has called into question the enforceability of overbroad confidentiality provisions commonly found in employment contracts. Brown v TGS Management Company, LLC, 57 Cal. App. 5th 303 (4th Distr. 2020). Such provisions must now be carefully scrutinized. If the provisions are not narrowly tailored to comply with Business and Professions Code Section 16600, the employer risks them being later found void as a “de facto” noncompete, potentially violating the Unfair Competition Law, Business and Professions Code, Section 17200.

Continue reading the full GT Alert, “California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provision.”

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
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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