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Non-Compete and Trade Secrets Blog

Posts from August 2011.

Imagine that an employee resigns. He begins breaching his 12-month non-compete, and you promptly seek judicial relief. After allowing the parties to conduct expedited discovery and conducting a lengthy preliminary injunction hearing, the judge assigned to your case takes seven months to issue his decision.

This past week, celebrated its first birthday. Our experience over the past year confirms that non-compete and trade secret issues are of widespread concern. Since our blog launched in August of 2010, nearly 40,000 people have read our content more than 80,000 times. Our readers span the entire globe including the United States, the United Kingdom, Canada, China, India, Australia, Germany, France, the Philippines, and ...

If an injunction is going to be effective,a party must be able to determine precisely what acts are forbidden or required.

Can employees avoid preliminary injunctions because they are not as wealthy as their employers? A recent federal court decision says “No.”

In an eye opening decision, the United States District Court for the Northern District of California recently granted a temporary restraining order partially enforcing a non-compete agreement. So are non-competes enforceable under California law after all? Does the trade secret exception to Section 16600 still exist?

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