31st Annual Silicon Valley All Hands Meeting

11/18/2019 10:50 a.m. - 12:20 p.m.

Employment + Labor

Santa Clara Convention Center
5001 Great America Parkway
Santa Clara, CA 95054

Eric Akira Tate and Kwan Park

Speaking Engagement


If you think you understand the ins and outs of the way the Golden State treats employee mobility issues, you may be surprised by this discussion of new developments regarding enforceability of non-competes and employee non-solicitation provisions, in light of new statutory and case law decisions. This panel discussion will feature many perspectives, and an opportunity to learn from first-hand experience of outside and in-house counsel heading global employment and litigation practices:

  • Co-Chair of Morrison & Foerster's Global Employment and Labor Group
  • Senior Director of Litigation at Uber Technologies
  • Head of Global Litigation and Employment Law at Varian Medical Systems

We will explore the growing trend of narrowing the scope of restrictive covenants across the U.S. and whether California Labor Code Section 925 might be a Trojan horse in California, a state known for having strong public policy against non-competes. Section 925 was passed to further protect California employees from agreements that might deprive them of the protections of California law; however, if a less discussed provision of this statute - Section 925(e) - were enforced strictly as drafted, it could allow employees to opt out of those protections. The panel will also discuss the practical effect of these new developments on onboarding and off boarding employees, particularly from and to competitors. Finally, it will explore possibilities for liability arising from new statutory and case law that arguably narrows the reach of restrictive covenants in California, and strategic considerations in prosecuting or defending restrictive covenant claims.