New Ninth Circuit Case Aids Departing Employees In Non-Compete and Non-Solicit Disputes Involving Race To Judgment

Contractual choice of law provisions often seek to apply the law of the state that, when applied by a court to the contract at issue, is most likely to result in favorable interpretations, application, and/or enforcement of those provisions in the contract most valued by the contracting parties. However, when the law chosen is of a state different than the state in which the contract appears to be headed for litigation, the parties to the contract may “race” to get their respective lawsuits on file and obtain a judgment in the jurisdiction that they perceive most favorable to their position. 

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