Foreign state non-compete


During the course of my previous employment,
I signed two mid-term non-compete agreements
(each on the occasion of round of VC financing).
The company I worked for is in Massachussets.
I was a resident of Mass. when I signed the
first agreement, but a resident of California
when I signed the second.

I would like to have counsel review the
documents I signed.

Should I consult a lawyer in Mass. or in
California?

3 answers  |  asked Apr 22, 2001 4:37 PM [EST]  |  applies to California

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Answers (3)

Abraham Goldman
Foreign state non-compete

It's a complex question, but the bottom line is probably that they would have to sue you in CA, or at least try to enforce an injunction against you in CA, so CA is the more likely place to consult a lawyer.
But there is also more to it than that....the non-compete agreements may have a choice of venue...where can they sue, that might control.
Another thing to look for is that there is usually standard contract language in most contracts that voids automatically any prior contract provisions...starts fresh, so to speak. The second CA contract may override the earlier MA one.

Be happy to look this over for you Abraham Goldman 800 945 9446....Northern CA.

posted by Abraham Goldman  |  Apr 24, 2001 10:58 AM [EST]
Richard J. Vaznaugh
Non compete agreement

Depends on where you are concerned about being hit with a breach of the covenant action. I.e. if you plan to work/operate in CA then CA is what you should be concerned about -- also California has a strong public policy against non-competes, with some exceptions. Richard Vaznaugh, 415-487-0426.

posted by Richard J. Vaznaugh  |  Apr 23, 2001 12:33 AM [EST]
Janet M. Koehn
MA noncompete agreements

probably both. however a competent california employment lawyer can consult with a counterpart in massachusetts. your noncompete agreement probably is not enforceable in california. please contact me if you wish to set up a consultation.
j. koehn

posted by Janet M. Koehn  |  Apr 22, 2001 5:53 PM [EST]

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