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.

The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.

In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region’s economy. This book – the first systematic study of trade secret protection law covering a number of key Asian jurisdictions – provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.

Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. It clearly lays out what interests can be protested and covers the legal limits of enforceability. It is the most complete, practical resource on the subject of restrictive covenants, covering the litigation process from discovery through closing argument, including plaintiff and defendant approaches. The Fourth Edition provides up-to-date information on topics as: State law as reflected in State Care Digests for all 40 states, Puerto Rico and the District of Columbia Drafting considerations Assignments of covenants as a result of mergers and acquisitions Covenants Not to Compete even includes ready-to-use documents as well as individual clauses that can be easily customized for specific needs. Among these legally sound models are: Employments agreements in a variety of contexts Settlement and release agreements Confidential information clauses Non-competition provisions Litigation forms Covenants Not to Compete has been updated to include: New cases from various states addressing whether restrictions contained within a covenant not to compete in the employment context are reasonable Recent cases from various states addressing damages and injunctive relief New cases from various states analyzing covenants not to compete in connection with the sale of a business Recent cases from various states addressing the so-called "bluepencil" doctrine Recent cases addressing non-solicitation agreements and consideration issues

Covenants Not to Compete

""Guide for anyone who must contend with employment law in California as part of their day-to-day work, including employers based outside of California with employees working in the state"--Provided by publisher"--