Several states over the past few years have passed legislation prohibiting the use in noncompete agreements (and other employment-related agreements) of out-of-state choice-of-law and forum selection provisions. A few of these states’ laws include enforcement mechanisms with stringent penalties, such as California, which provides for injunctive relief and attorneys’ fees to an aggrieved employee; Washington, which entitles aggrieved employees to actual damages or statutory penalties of $5,000, as well as their attorneys’ fees; and, beginning in August, Colorado, where any violation of that state’s noncompete statute (including the prohibition on out-of-state choice-of-law and forum selection provisions) could lead to civil and criminal penalties.
Recent Updates
- Louisiana, Maryland, and Iowa Pass Laws Restricting Noncompetes Specific to Certain Professions
- Delaware Refuses to Blue Pencil Overbroad Restrictive Covenants Following Business Acquisition
- Virginia Senate Bill 128 Adds Health Care Professionals to Virginia’s Noncompete Restrictions
- When the Deal Closes, the Trade Secrets Don't: Enforcing Sale-of-Business Covenants Under Judicial Scrutiny
- Tennessee Enacts New Restrictions on Noncompete Agreements