Readers of this blog may recall our discussion of a “bad faith” attorney’s fees award made by the trial court in the Aerotek v. The Johnson Group case. To view a copy of our previous post, click here. As a refresher, Aerotek sued its former employee and that former employer’s new employer claiming misappropriation
The Truth About the “Exceptional” Remedy
It is a truism that preliminary injunctions are “rare” and “exceptional” remedies. But rarity is context specific. As a percentage of cars made, Cobra GTs are rare. If you are standing in the plant where they are made, however, they are anything but rare. So, while it may well be true that preliminary injunctions, as
Unpublished Court of Appeals Case Applies “Sufficiently Pervasive or Severe” Standard
On July 13, 2013, in an unpublished decision, the Second Court of Appeal reversed a lower court’s decision to dismiss a sexual harassment case on the grounds that plaintiff had not adequately pleaded a “hostile environment” theory. For those interested in understanding what employers should not do in response to a harassment or discrimination complaint,
Covenants Not To Compete: Restraining a Seller/Employee Against Competition – Not As Easy As it Looks
Section 16601 of the California Business and Professions Code provides a well-known exception to California’s statutory refusal to enforce contractual commitments not to compete. Under that section, Courts will enforce “reasonable” restrictions on the seller of a business to engage in competition against the buyer of that business. This is a commonsense approach: a buyer
Covenants Not to Compete: Five “Exceptions” That Do Not Swallow the Rule
Everybody who cares probably knows that, in California, covenants not to compete (agreements that restrain an individual from pursuing a lawful trade of profession) are generally unenforceable. There are only five “exceptions” to this rule. I put “exceptions” in quotes because two of them really aren’t exceptions at all. They are independent legal doctrines that