This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc., which resolved two questions regarding the standards to be applied for non-competition agreements and disputes between businesses in California. The first was whether a plaintiff in a dispute between businesses is required to plead an independently wrongful act in order to establish a claim for tortious interference with a contract that is terminable at-will, to which the court responded, yes. The second question was what is the proper standard for determining whether California Business and Professions Code section 16600 (Section 16600) voids a non-competition agreement between two businesses, to which the court responded, the Rule of Reason.
Eric Akira Tate
Eric Tate co-chairs the firm’s Global Employment and Labor Group. He has represented technology and other companies in the biggest and most highly-publicized trade secrets and employee mobility cases across multiple industries. Eric also represents companies in whistleblower, wage and hour, and other employment litigation. In addition, Eric counsels companies on employment law compliance and transactional matters, including enforceability of restrictive covenants throughout the More ›
Kathiana Aurelien represents and advises industry-leading clients on a wide range of labor and employment matters, including defending state and federal law claims, planning and implementing reductions-in-force, evaluating worker classification issues, drafting and negotiating employment, severance, and general release agreements, complying with wage payment and sick leave obligations, and drafting effective personnel policies. Prior to joining Morrison & Foerster, Kathiana was an associate at Swerdlow More ›