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The Biggest Noncompete Developments Of 2018, Law360

Monday, December 17, 2018

Law360 details the biggest noncompete developments of 2018, including The Nuvasive decision, which automatically nullifies non-California venue provisions in employment contracts except when the covered worker was “represented by legal counsel” when they negotiated the deal. In the article, Morgan Lewis partner Debra Fischer says California passed the law to “be protective over employees who had no negotiating power” and cut back on courts’ discretion over venue disputes. “It is not at all clear that the California legislature, by enacting this law, intended to allow employees, simply because they are represented by counsel, to waive fundamental rights they have as California residents, including freedom from post-employment covenants not to compete,” Fischer says.

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