# For: 25 Sourced Claims, Contested Facts & Evidence Holdings that support an affirmative answer, each with the opinion cited. Authors: joe HTML: https://moyomap.com/maps/for Markdown: https://moyomap.com/maps/for.md License: HTML and markdown are for reading and citation. Bulk copying and AI training need a written license. See /terms and /developers#maps-data. Cite a claim as: MoyoMap, "For: 25 Sourced Claims, Contested Facts & Evidence", claim {id}, https://moyomap.com/maps/for.md#{id}. “Moyo, a product of SenTeGuard Inc.” ### California Business and Professions Code § 16600(a) establishes that any contract restraining a person from e… Id: claim_33351be752c17f74522fca61 Parent: topic_JAYdScYxfo099trDdUoD Depth: 1 California Business and Professions Code § 16600(a) establishes that any contract restraining a person from engaging in a lawful profession, trade, or business is void to that extent. Labels: Source-linked, Low ### California public policy protects an individual's right to pursue common occupations and compete with former… Id: claim_55cb5a185514f969ed0e1e2b Parent: topic_JAYdScYxfo099trDdUoD Depth: 1 California public policy protects an individual's right to pursue common occupations and compete with former employers, absent statutory exceptions or theft of secrets. Labels: Inferred, Medium ### The California Court of Appeal, Second District, held in Kolani v. Id: claim_7fa332deed011bc4651998eb Parent: topic_JAYdScYxfo099trDdUoD Depth: 1 The California Court of Appeal, Second District, held in Kolani v. Gluska (1998) that judicial modification of noncompetes would encourage employers to draft overbroad covenants knowing courts might simply scale them down. Labels: Source-linked, Medium ### The California Supreme Court held in Edwards v. Id: claim_c0803106f9e6e1547e4d13c1 Parent: topic_JAYdScYxfo099trDdUoD Depth: 1 The California Supreme Court held in Edwards v. Arthur Andersen LLP (2008) that noncompetition agreements are per se invalid unless they fall within a specific statutory exception, rejecting the federal 'narrow restraint' exception. Labels: Source-linked, Low ### Under California law, inter-employer 'no-hire' provisions are void under Business and Professions Code § 1660… Id: claim_e72c0e08c5daf235a6b0aa98 Parent: topic_JAYdScYxfo099trDdUoD Depth: 1 Under California law, inter-employer 'no-hire' provisions are void under Business and Professions Code § 16600 because they act as indirect restraints on employee mobility. Labels: Source-linked, Medium ### The California Court of Appeal, Second District, ruled in Silguero v. Id: claim_ebc409965352ef31e477d3ff Parent: topic_JAYdScYxfo099trDdUoD Depth: 1 The California Court of Appeal, Second District, ruled in Silguero v. Creteguard, Inc. (2010) that dismissing an employee based on an understanding with a former employer regarding a noncompete covenant violates public policy. Labels: Source-linked, Medium #### California law makes it unlawful to include a noncompete clause in an employment contract and establishes civ… Id: claim_04ea055e7003a1ad1dfdeb48 Parent: claim_33351be752c17f74522fca61 Depth: 2 California law makes it unlawful to include a noncompete clause in an employment contract and establishes civil liability for employers attempting to enforce such agreements. Labels: Source-linked, Medium #### Contractual provisions prohibiting a former employee from soliciting former customers are void under Californ… Id: claim_2411ad5bab5c770737b4f522 Parent: claim_7fa332deed011bc4651998eb Depth: 2 Contractual provisions prohibiting a former employee from soliciting former customers are void under California Business and Professions Code § 16600. Labels: Inferred, Medium #### In Metro Traffic Control, Inc. Id: claim_2a30940ab4a2ab98b87fe921 Parent: claim_55cb5a185514f969ed0e1e2b Depth: 2 In Metro Traffic Control, Inc. v. Shadow Traffic Network (1994), the California Court of Appeal, Second District, held that employers cannot restrain former employees from working for competitors based on employer-funded training or general knowledge. Labels: Source-linked, Medium #### In Thompson v. Id: claim_3b3530ecef8192eb69632831 Parent: claim_7fa332deed011bc4651998eb Depth: 2 In Thompson v. Impaxx, Inc. (2003), the California Court of Appeal, Second District, ruled that a covenant barring an employee from soliciting clients for one year post-termination is an illegal noncompete, and firing an employee for refusing to sign it supports a wrongful termination claim. Labels: Inferred, Medium #### In VL Systems, Inc. Id: claim_4986d9434f86f3b97d6b952c Parent: claim_e72c0e08c5daf235a6b0aa98 Depth: 2 In VL Systems, Inc. v. Unisen, Inc., the court noted that the restraint on the former employee was enforced without the employee's knowledge or consent. Labels: Inferred, Medium #### The Supreme Court of California held in Continental Car-Na-Var Corp. Id: claim_4d9236e749c203e15bad2208 Parent: claim_55cb5a185514f969ed0e1e2b Depth: 2 The Supreme Court of California held in Continental Car-Na-Var Corp. v. Moseley (1944) that equity should protect the inherent right of individuals to follow common occupations without being fettered by negative covenants. Labels: Source-linked, Medium #### In Brown v. Id: claim_531ec18fbda41c273858b2af Parent: claim_ebc409965352ef31e477d3ff Depth: 2 In Brown v. TGS Management Co., LLC (2020), the California Court of Appeal, Fourth District, held that an arbitration award enforcing overly broad confidentiality provisions must be vacated as contrary to public policy. Labels: Source-linked, Medium #### California law rejects the argument that a broadly worded noncompete can be saved by tethering it to a common… Id: claim_6a0873340d991114333c3f35 Parent: claim_7fa332deed011bc4651998eb Depth: 2 California law rejects the argument that a broadly worded noncompete can be saved by tethering it to a common-law trade secret exception, as established in Dowell v. Biosense Webster, Inc. (2009). Labels: Source-linked, Medium #### In Application Group, Inc. Id: claim_7d8d257cdaa309bfd485dd83 Parent: claim_c0803106f9e6e1547e4d13c1 Depth: 2 In Application Group, Inc. v. Hunter Group, Inc. (1998), the California Court of Appeal held that California's public policy favoring employee mobility overrides out-of-state choice-of-law clauses in noncompete agreements. Labels: Source-linked, Low #### The California Supreme Court ruled in Muggill v. Id: claim_8944ce747fca9b53a009f71b Parent: claim_c0803106f9e6e1547e4d13c1 Depth: 2 The California Supreme Court ruled in Muggill v. Reuben H. Donnelley Corp. (1965) that provisions forfeiting pension or retirement benefits if an employee works for a competitor are void under § 16600. Labels: Source-linked, Low #### The California Court of Appeal held in D'Sa v. Id: claim_a1dc6b66ff1eed7c83d5afcb Parent: claim_c0803106f9e6e1547e4d13c1 Depth: 2 The California Court of Appeal held in D'Sa v. Playhut, Inc. (2000) that terminating an employee for refusing to sign an unenforceable noncompete agreement constitutes wrongful termination in violation of public policy. Labels: Source-linked, Medium #### Overbroad nondisclosure and confidentiality covenants that encompass general skills and information acquired… Id: claim_b0ad458ef95b83366bfd6c9a Parent: claim_ebc409965352ef31e477d3ff Depth: 2 Overbroad nondisclosure and confidentiality covenants that encompass general skills and information acquired during employment are void as de facto noncompetes under California law. Labels: Source-linked, Medium #### The California Court of Appeal, Fourth District, ruled in 2007 that no-hire provisions between commercial ent… Id: claim_bce3bde18b6cf5686d6285bf Parent: claim_e72c0e08c5daf235a6b0aa98 Depth: 2 The California Court of Appeal, Fourth District, ruled in 2007 that no-hire provisions between commercial entities are void as a matter of public policy under § 16600. Labels: Inferred, Medium #### In The Retirement Group v. Id: claim_c7e72abbde95609f5147227e Parent: claim_7fa332deed011bc4651998eb Depth: 2 In The Retirement Group v. Galante (2009), the California Court of Appeal, Fourth District, clarified that while customer non-solicitation clauses are void, courts may still enjoin independent tortious trade secret misappropriation. Labels: Source-linked, Medium #### In Ixchel Pharma, LLC v. Id: claim_cd13d8458273833227e5efa4 Parent: claim_c0803106f9e6e1547e4d13c1 Depth: 2 In Ixchel Pharma, LLC v. Biogen, Inc. (2020), the California Supreme Court reaffirmed that contractual covenants restraining employees from competing post-employment remain per se void under § 16600, distinct from business-to-business arrangements evaluated under a rule of reason. Labels: Source-linked, Low #### The California Court of Appeal held in AMN Healthcare, Inc. Id: claim_da827878219f200ba0dccc32 Parent: claim_c0803106f9e6e1547e4d13c1 Depth: 2 The California Court of Appeal held in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. (2018) that post-termination covenants preventing an employee from soliciting or recruiting former colleagues are void under § 16600. Labels: Source-linked, Low #### Effective January 1, 2024, California law mandates that § 16600 be read broadly to void any noncompete agreem… Id: claim_db3889f1758a7e5e35dbc6ee Parent: claim_33351be752c17f74522fca61 Depth: 2 Effective January 1, 2024, California law mandates that § 16600 be read broadly to void any noncompete agreement in an employment context, regardless of how narrowly tailored it is, unless it meets a specific statutory exception. Labels: Source-linked, Low #### The ruling in VL Systems, Inc. Id: claim_db797f59797085e55bb79b30 Parent: claim_e72c0e08c5daf235a6b0aa98 Depth: 2 The ruling in VL Systems, Inc. v. Unisen, Inc. is binding on California superior courts. Labels: Inferred, Low #### In Chamberlain v. Id: claim_fad7148112eaacdcc2b5a358 Parent: claim_c0803106f9e6e1547e4d13c1 Depth: 2 In Chamberlain v. Augustine (1916), the California Supreme Court held that agreements imposing financial penalties or liquidated damages on a departing worker for competing are illegal restraints of trade under the predecessor to § 16600. Labels: Source-linked, Low