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California Employers Should Modify the Definition of ‘Confidential Information’ to Avoid Operating as a Covenant Not to Compete

The Recorder

By Dylan Wiseman and Julian (Pete) Mack

December 3, 2020

As 2021 approaches, California businesses should update their confidentiality agreements to comply with the guidance and direction found in Brown v. TGS Management.

On November 12, California’s Fourth Appellate District finalized a ruling which sent a strong message to California employers. Businesses should revisit the scope of their confidentiality agreements to make certain the definition of “Confidential Information” is not so broad that it effectively prohibits former employees from working.

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