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Focus (Forum & Focus)

Apr. 3, 2009

Unhealthy Competition

It may be possible for employers to enforce non-competition forfeiture provisions in California by including them in retirement plans.

FOCUS COLUMN

By Robert Milligan and Nicholas Waddles

The California Supreme Court's decision in Edwards v. Arthur Andersen LLP, 44 Cal.4th 937 (2008), reaffirmed that employee non-competition agreements are void in California unless they fall within narrow exceptions to Business and Professions Code Section 16600.

Notwithstanding the Edwards decision, it may be possible for employers to enforce non-competition forfeiture pro...

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