Updated

Updated · Bloomberg Law · Jun 11

North Carolina Court Grants Ex-Officer Summary Judgment Against BioSkryb Over Void California Nonsolicitation Clauses

Updated

Updated · Bloomberg Law · Jun 11

North Carolina Court Grants Ex-Officer Summary Judgment Against BioSkryb Over Void California Nonsolicitation Clauses

1 articles · Updated · Bloomberg Law · Jun 11

Summary judgment went to a former BioSkryb officer and director on his counterclaim, with a North Carolina court ruling the company unlawfully tried to enforce nonsolicitation restrictions.
California law controlled because the employment contracts contained choice-of-law clauses, and the court found the restrictions void as restraints on trade under the state’s business and professions statute.
The ruling turned BioSkryb’s own litigation into the violation, concluding the company breached California law by attempting to enforce terms that were unenforceable from the outset.

Sources

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