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California Restrictive Employment Covenants after Edwards


Publication Date: 
November 04, 2008
Working Paper
Bibliography: 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)).


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.