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Employment

United States: Employee Non-Solicitation Clauses in California – Quickly Clearing up the Confusion

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In brief

For decades California employers have relied on a 1985 decision to enforce contractual provisions prohibiting solicitation of employees after termination; but a lot happened to change this in November 2018 with the California Court of Appeals decision in the AMN case.  Since 2018, there have been additional developments all companies should understand.

Our partners will discuss these issues and what they mean for companies doing business in California that utilize or are contemplating using employee non-solicitation clauses.

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Bradford Newman is a litigation partner resident in Baker McKenzie's Palo Alto Office and Chair of the North America Trade Secrets Practice. According to Chambers USA, Brad is a "recognized authority on trade secrets cases" who "is valued for his tenacious, intelligent and thoughtful approach to trade secrets matters." Bradford regularly serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secrets cases in state and federal courts throughout the country. He routinely advises and represents the world's leading technology, banking, professional service, manufacturing and commerce companies in connection with their most significant data protection and trade secret matters. Bradford is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft.

Author

Mark D. Taylor is a Principal in the North America Litigation & Government Enforcement Practice Group and served as its Chair for five years. His commercial litigation practice focuses on the defense of class actions, collective actions and multi-district litigation (MDL) cases. In the last decade alone, he has appeared as lead trial counsel or co-counsel in over 40 class action, collective action and MDL cases, primarily defending consumer, contract, employment, privacy and trade secret claims. Mark's practice is national in scope, having appeared before state and federal courts in more than 25 states. He also serves on the Dean's Development Board at Texas A&M University's Mays Business School. Mays Business School awarded Mark its 2019 Outstanding Alumni Award, and he received the Distinguished Lawyer Award from the Texas Aggie Bar Association in 2021.

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