Kurt Kappes and Robert Milligan Published in the SHRM Legal Report
“Noncompetition Agreements Invalidated”

Kurt Kappes and Robert Milligan’s article, “Noncompetition Agreements Invalidated,” was published in the April 2009 issue of the SHRM Legal Report. In their article, Kurt and Robert discuss how a recent California Supreme Court case, Edwards v. Arthur Andersen, reaffirmed that noncompetition agreements are invalid in California. The authors note, “Following Edwards, employers should take several steps to ensure compliance with California law on noncompetition agreements.” The steps that Kurt and Robert advise include the following: audit policies and procedures, prepare contracts that protect trade secrets, and develop creative work-arounds. The authors conclude that “every national employer should carefully audit its agreements with California employees and remove any noncompetition and nonsolicitation of customers, clients and employees provisions.”