Fifth Circuit Decision Highlights Judicial Focus on Adequacy of Consideration and Choice of Law Provisions in Employee Non-Competes
Client memorandum | June 8, 2020
Additionally, the Fifth Circuit’s rejection of the parties’ contractual agreement to apply Delaware law in this decision highlights an increasing willingness by courts to disregard choice of law clauses in non-compete agreements in favor of applying the often-more-restrictive law of the state where the employment relationship is based.
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