I am 2011 Chair of the Orange County Bar Association Labor and Employment Law Section. Today (9/12/2011) our Section hosted a joint session with the "Business Litigation" Section, and had about 200 attorneys, past Bar President, other Section Chairs, and last but not least, a U.S. District Court Judge, in attendance. The subject was non-compete agreements, "non-solicitation of customers" agreements, and agreements providing for confidentiality of work processes and information.
Bottom line, I am happy to say, is that the Courts have generally closed the door on employers' efforts to restrict employees right to pursue their employment through the "end run" of "trade secret and confidentiality" agreements.
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