The United States Court of Appeal for the Ninth Circuit issues a decision on the applicability of non-competes to business agreements (Ixchel Pharma / Biogen)

The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600. As readers of the Orrick Trade Secrets Watch blog are likely aware, Section 16600 states that “[e]very contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void.” Pursuant to this statute, California courts have struck down a number of restrictive covenants in contracts with employees in California,

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  • Orrick, Herrington & Sutcliffe (San Francisco)
  • Orrick, Herrington & Sutcliffe (Silicon Valley)

Quotation

Howard M. Ullman, Jason Yu, The United States Court of Appeal for the Ninth Circuit issues a decision on the applicability of non-competes to business agreements (Ixchel Pharma / Biogen), 16 July 2019, e-Competitions July 2019, Art. N° 107878

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