Noncompetes Across State Lines: Choice of Law in a Remote Workforce

Roughly a quarter of the U.S. labor force now works remotely, and many of those workers signed a restrictive covenant in one state while living and working in another. That gap has turned a familiar question about whether a noncompete is reasonable into a threshold fight over which state gets to answer it. Hon. David S. Cunningham III (Ret.) of JAMS examines how courts are resolving choice of law disputes over restrictive employment covenants when the employer, the employee, and the work sit in different jurisdictions. The program covers the current enforceability landscape for remote employees, the drafting and forum selection decisions that drive the outcome, and how these disputes present in mediation and arbitration. Attendees will leave with a practical framework for advising clients on either side of a noncompete that crosses state lines.
Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.