Business and Professions Code 16600

How to Draft an Enforceable Non-Compete Agreement for Employees in California After SB 699 and AB 1076

How to Draft an Enforceable Non-Compete Agreement for Employees in California After SB 699 and AB 1076

California has effectively banned employee non-compete agreements for decades, and SB 699 (effective Jan. 1, 2024) and AB 1076 (effective Jan. 1, 2024) further tighten enforcement and employer exposure. These new laws expand remedies, reinforce extraterritorial reach, and create new notice obligations for employers with California employees. This article explains how to draft enforceable California […]

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How to Draft an Enforceable Non-Disclosure Agreement (NDA) for a California Startup Pitch Meeting

How to Draft an Enforceable Non-Disclosure Agreement (NDA) for a California Startup Pitch Meeting

California courts can refuse to enforce an NDA that’s overly broad, indefinite, or functions as an illegal non-compete under Business & Professions Code § 16600. Startup pitch meetings make NDA drafting especially risky because the “confidential” content often overlaps with public or independently developed ideas. This article shows California founders and counsel how to draft

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How to Draft a California Employee Non-Solicitation Agreement That Actually Survives Business & Professions Code §16600

How to Draft a California Employee Non-Solicitation Agreement That Actually Survives Business & Professions Code §16600

California non-solicitation clauses are presumptively void under Business & Professions Code §16600 unless they fit within narrow statutory exceptions or operate as true trade-secret protections. Courts have repeatedly treated “employee” and “customer” non-solicits as unlawful restraints on post-employment competition when they function like noncompetes. This article explains how to draft a California employee non-solicitation agreement

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How to Draft an Enforceable NDA for Early-Stage Startup Pitch Meetings in California Explained

How to Draft an Enforceable NDA for Early-Stage Startup Pitch Meetings in California Explained

In California, an NDA is generally enforceable when it protects defined confidential information, imposes reasonable limits, and does not function as an unlawful noncompete under Business & Professions Code §16600. Early-stage startup pitch meetings are especially risky because founders often disclose product roadmaps, customer targets, pricing, and technical “how.” This article explains how to draft

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How to Draft an Enforceable Non-Compete Agreement in California After SB 699 and AB 1076 (2024)

California non-competes are now broadly void by statute, and SB 699 plus AB 1076 (effective Jan. 1, 2024) strengthen enforcement and add new notice and liability risks. These laws expand employee remedies, impose penalties, and require many employers to notify current and former California employees that non-compete clauses are unenforceable. This article shows attorneys and

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