A Noncompete To Go With Your Sandwich?

By James Kachmar

A few months ago, this blog noted that there was press coverage about the nationwide increase in the use of noncompete agreements in various industries.  A story that has made the rounds in the past week illustrates this point clearly.  Jimmy Johns, a “gourmet sandwich” franchise, has apparently been inserting noncompete provisions in its employment agreements, including those employees who work on the line making sandwiches.  The noncompete provision purportedly seeks to prevent employees from working for a competitor,

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Brown Resurrects Civility in Litigation

By Shauna Correia

Gov. Jerry Brown has resurrected an expired law, Cal. Code of Civil Procedure section 128.5. This is a positive development for ethical lawyers and their clients, who find themselves dealing with bad-faith litigation tactics coming from another other party or attorney, but without a meaningful way to combat it. This law restores trial courts’ authority to award sanctions, including attorney’s fees, to a party if the other side engages in bad-faith tactics in litigation.

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“No-Poaching” Lawsuits Come to Hollywood

By James Kachmar

Readers of this blog are familiar with our coverage of the various cases involving high tech firms in Silicon Valley such as Google and Adobe involving alleged “no poaching” agreements that they would not solicit each other’s employees for possible employment.  Both the U.S. Government and plaintiff class action attorneys have alleged that such conduct violates anti-trust laws and/or constitutes unfair competition under California law for violating the provisions of Business and Professions Code section 16600 regarding the prohibitions on non-compete agreements.

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Eight Weintraub Tobin Attorneys Named to Best Lawyers In America© 2015

SACRAMENTO, California – August 25, 2014 – Today, Weintraub Tobin Chediak Coleman Grodin Law Corporation (Weintraub Tobin) congratulates its eight partners who have been included in The Best Lawyers of America© 2015.

Chris Chediak, Sacramento, Corporate Law
Mike A. Kvarme, Sacramento, Real Estate Law
Dale Campbell, Sacramento, Commercial Litigation
Louis Gonzalez, Jr., Sacramento, Litigation – Real Estate
Jim Clarke,

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California Businessman Sentenced to 15 Years for Trade Secret Theft

By James Kachmar

A California businessman, Walter Liew, was recently sentenced to 15 years in federal prison after being found guilty by a jury on charges of trade secret theft, economic espionage, witness tampering and making false statements.  Mr. Liew, who had contracts with a Chinese company Pangang Group, was charged with stealing trade secrets from DuPont that included plans and information regarding a manufacturing plant.  The prosecutors allege that Mr.

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New York Times Article: Noncompete Clauses Increasingly Pop Up in Array of Jobs

By James Kachmar

What do yoga instructors, event planners and exterminators have in common?  These are fields that are reportedly witnessing an increase in the use of noncompete provisions in employment agreements.  Details of this increase in the use of noncompete provisions were reported in a New York Times article this Sunday.  Click here to view article.

While the article makes clear that such provisions are generally illegal in California,

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Non-Competes and the “Trade Secret Exception” Revisited

By James Kachmar

We periodically discuss California law regarding non-compete provisions in this Blog. The California Supreme Court has made clear that non-compete provisions are unenforceable unless they fall within one of the statutory exceptions set out in sections 16601 et seq. (i.e., in connection with the sale of a business, goodwill, etc.).  Over the years, courts have observed a so-called “trade secret exception” to the general rule that non-competes are unenforceable,

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